ORDERED that the order is modified by deleting therefrom the words "with prejudice" and substituting therefor the words "without prejudice;" as so modified, the order is affirmed, without costs or disbursements.
The appellants, as the executrixes of their father's estate, sought to recover on a debt allegedly owed by the defendant to the decedent. Although the Supreme Court granted the appellants' motion for leave to enter a judgment on the defendant's default on the issue of liability, the appellants failed to submit any admissible evidence at the inquest to support the entry of a judgment for damages (see CPLR 3215[f]; 22 NYCRR 202.46). Accordingly, the Supreme Court properly dismissed the action. The dismissal, however, should have been without prejudice.
PRUDENTI, P.J., FLORIO, S. MILLER, FRIEDMANN and ADAMS, JJ., concur.