Opinion
June 4, 1998
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
Defendant's answer "has been properly struck and an inquest ordered ( see, Wexler v. Malpeso, 234 A.D.2d 149), and, as a further consequence of his default, defendant has forfeited his right to take plaintiff's deposition ( see, Reynolds Sec. v. Underwriters Bank Trust Co., 44 N.Y.2d 568, 573). However, since plaintiffs' damage claims are not deemed admitted by reason of the striking of defendant's answer ( see, Curiale v. Ardra Ins. Co., 88 N.Y.2d 268, 279), the motion court properly ruled that plaintiffs' entitlement to punitive damages could not be determined in advance of the inquest. We have considered defendant's remaining arguments and find them to be without merit.
Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.