ZNOJEWSKI v. MAMCZUR (2023)

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Pam Jackman Brown, J.), entered June 27, 2022.  The order, after an inquest on the issue of damages, directed the dismissal of the complaint.

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]);  and it is further,

ORDERED that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a new inquest on the issue of damages.

By defaulting, the defendant admitted “all traversable allegations in the complaint, including the basic allegation of liability” (Rokina Opt. Co. v. Camera King, Inc., 63 N.Y.2d 728, 730, 480 N.Y.S.2d 197, 469 N.E.2d 518;  see Youngja Lee v. Hong Kong Supermarket, 214 A.D.3d 964, 965, 184 N.Y.S.3d 627).  As such, the sole issue to be determined at the inquest was the extent of the damages sustained by the plaintiff, and the Supreme Court should not have considered issues of liability (see Youngja Lee v. Hong Kong Supermarket, 214 A.D.3d at 965, 184 N.Y.S.3d 627;  Arluck v. Brezinska, 180 A.D.3d 634, 634–635, 115 N.Y.S.3d 716).

Accordingly, we reverse the order appealed from, and remit this matter to the Supreme Court, Queens County, for a new inquest on the issue of damages.

IANNACCI, J.P., GENOVESI, FORD and WAN, JJ., concur.