ABBAS v. COLE

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

At an inquest on damages, a defaulting defendant is entitled to cross-examine the plaintiff's witnesses, and to present testimony and evidence ( see Tamburello v. Bensonhurst Car Limo Serv., 305 A.D.2d 664; Godwins v. Coggins, 280 A.D.2d 582). Here, the defendant was denied this opportunity when the Supreme Court, inter alia, admitted the plaintiff's uncertified hospital records ( see CPLR 4518 [c]) and unsworn medical reports ( see CPLR 2106) into evidence over the defendant's objection ( see Paige v. Lucatorto, 292 A.D.2d 581). Further, the errors were not harmless ( see Adkins v. Queens Van-Plan, 293 A.D.2d 503; Aguirre v. Long Is. R.R. Co., 286 A.D.2d 658). Thus, the defendant is entitled to a new inquest at which the plaintiff will be required to establish, through admissible evidence, his damages, if any ( see Insurance Law § 5102; Tamburello v. Bensonhurst Car Limo Serv., supra).

The defendant's remaining contentions either are academic or without merit.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.