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HF MGT. SERVS., LLC v. DEPENDABLE CARE, LLC

Index No. 652996/18. Appeal No. 14349-14349A. Case No. 2021-00550.

198 A.D.3d 457 (2021)

152 N.Y.S.3d 574

2021 NY Slip Op 05459

HF Management Services, LLC, et al., Respondents, v. Dependable Care, LLC, Doing Business as Hopeton Care, et al., Defendants, and Farrah Rubani, Also Known as Farrah Mir, Appellant.

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

Decided October 12, 2021.

Attorney(s) appearing for the Case

Farrah Rubani, appellant pro se.

Sher Tremonte, LLP, New York ( Allegra A. Noonan of counsel), for respondents.

Concur—Renwick, J.P., Kern, Oing, Mendez, Rodriguez, JJ.

"It is well established that, by defaulting, a defendant admits all traversable allegations contained in the complaint, and thus concedes liability, although not damages" (Christian v Hashmet Mgt. Corp., 189 A.D.2d 597, 598 [1st Dept 1993]). Contrary to defendant's arguments, it would have been improper for the court to re-open the issue of liability at inquest (see Consolidated Edison Co. of N.Y., Inc. v Metropolitan 47th LLC...

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