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NEWHOUSE v. DAVIS

8910, 100123/14.

171 A.D.3d 480 (2019)

95 N.Y.S.3d 794

2019 NY Slip Op 02634

Elliot Newhouse, Appellant, v. Lowell B. Davis, Respondent.

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

Decided April 4, 2019.

Defendant, having had his answer stricken, was limited to an inquest at which he could only contest the extent of plaintiff's damages (see Rokina Opt. Co. v Camera King, 63 N.Y.2d 728, 730-731 [1984]). Thus, the inquest court improperly re-opened the issue of liability and made a determination with respect thereto (see Christian v Hashmet Mgt. Corp., 189 A.D.2d 597

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