Conteh v. Hand

—Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered December 12, 1995, in favor of plaintiif in the amount of $142,030.09, unanimously reversed, on the law, without costs, and the matter remanded for a new inquest on damages.

Despite its earlier ruling that "[a]ny defenses regarding the measure of damages may be presented at the inquest”, the court, after the completion of plaintiff’s testimony, refused to permit defendants to call a witness at the inquest. It is well settled that by defaulting a defendant admits all traversable allegations in the complaint, including…