Opinion
No. 2021-05040 Index No. 52053/19
08-10-2022
Carla Brasil-Puello, appellant, v. Sally Weisman, etc., respondent.
Salerno & Goldberg, P.C., Deer Park, NY (Allen Goldberg of counsel), for appellant.
Salerno & Goldberg, P.C., Deer Park, NY (Allen Goldberg of counsel), for appellant.
COLLEEN D. DUFFY, J.P. SHERI S. ROMAN, JOSEPH J. MALTESE, WILLIAM G. FORD, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated June 30, 2021. The order, insofar as appealed from, granted the defendant's motion to vacate the note of issue and certificate of readiness and to compel the plaintiff to provide additional discovery.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion to vacate the note of issue and certificate of readiness and to compel the plaintiff to provide additional discovery is denied.
The Supreme Court erred in granting the defendant's motion to vacate the note of issue and certificate of readiness and to compel the plaintiff to provide additional discovery. "While a defaulting defendant is entitled to present testimony and evidence and cross-examine the plaintiff's witnesses at the inquest on damages, such a defendant is not entitled to any further discovery since its answer was stricken" (Amato v Fast Repair, Inc., 15 A.D.3d 429, 430 [citations omitted]; see Hall v Penas, 5 A.D.3d 549, 550). Here, since the court struck the defendant's answer in an order dated December 2, 2019, the defendant "is not entitled to any further discovery" (Hall v Penas, 5 A.D.3d at 550; see Amato v Fast Repair, Inc., 15 A.D.3d at 430; Wexler v Malpeso, 251 A.D.2d 49).
DUFFY, J.P., ROMAN, MALTESE and FORD, JJ., concur.