MONTGOMERY v. CITY OF NEW YORK


307 A.D.2d 957 (2003)

763 N.Y.S.2d 477

FRANCINE MONTGOMERY et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided August 11, 2003.


Ordered that the order is modified, by deleting the provision thereof granting the motion and substituting therefor a provision denying the motion; as so modified, the order is affirmed, with costs to the plaintiffs.

While a defendant who defaults in appearing or answering is entitled to present testimony and evidence and to cross-examine a plaintiff's witnesses at the inquest on damages, such a defendant forfeits his or her right to conduct discovery in preparation...

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