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O'CONNOR v. S AND R MEDALLION CORPORATION

309 A.D.2d 717 (2003)

766 N.Y.S.2d 552

PATRICIA O'CONNOR et al., Appellants, v. S AND R MEDALLION CORPORATION et al., Respondents. PATRICIA O'CONNOR et al., Plaintiffs, v. SAMEH AZIZ, Defendant. PATRICIA O'CONNOR et al., Appellants, v. SOLOMON BEKELE, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 30, 2003.

The striking of defendant S.J. Jean-Francois's answer did not preclude his offer of expert testimony on mitigation of damages (see CPLR 1411, 3215; Reynolds Sec. v Underwriters Bank & Trust Co., 44 N.Y.2d 568 [1978]; see also Conteh v Hand, 234 A.D.2d 96 [1996]).

Plaintiffs' motion for a default judgment against defendant Solomon Bekele was properly denied. Bekele sufficiently...

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