CONTEH v. HAND

Despite its earlier ruling that "[a]ny defenses regarding the measure of damages may be presented at the inquest", the court, after the completion of plaintiffs testimony, refused to permit defendants to call a witness at the inquest. It is well settled that by defaulting a defendant admits all traversable allegations in the complaint, including the basic allegation of liability, but does not admit the plaintiffs conclusion as to damages. Unless the damages sought are for a sum certain, which can be determined by computation, the defaulting defendant must be given "`a full opportunity to cross-examine witnesses, give testimony and offer proof in mitigation of damages' "( Rokina Opt. Co. v Camera King, 63 NY2d 728, 730, quoting Reynolds Sec. v Underwriters Bank Trust Co., 44 NY2d 568, 572). The court's ruling deprived defendants of such full opportunity.