Ordered that the order is reversed insofar as appealed from, and those branches of the defendant's motion which were to strike the note of issue and statement of readiness, stay an inquest on the issue of damages, and allow the defendant to conduct discovery are denied; and it is further,
Ordered that the order is affirmed insofar as cross-appealed from; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The defendant defaulted in appearing in the action (see, Santiago v. Siega, 255 A.D.2d 306 [decided herewith]). It is well settled that a defaulting defendant is entitled to present testimony and evidence and cross-examine the plaintiff's witnesses at the inquest on damages (see, Reynolds Sec. v. Underwriters Bank Trust Co., 44 N.Y.2d 568; McClelland v. Climax Hosiery Mills, 252 N.Y. 347, 351). However, the Supreme Court erred in striking the note of issue and statement of readiness to allow the defendant to obtain discovery, as his right to discovery was forfeited by his default in answering the complaint (see, Reynolds Sec. v. Underwriters Bank Trust Co., supra; Yeboah v. Gaines Serv. Leasing, 250 A.D.2d 453; Ciccone v. Barren Is. Marina, 198 A.D.2d 207; cf., Ayala v. Boss, 120 Misc.2d 430).
Bracken, J. P., Santucci, Krausman and Florio, JJ., concur.