On August 10, 2022, the Second Department issued a decision in Brasil-Puello v. Weisman, 2022 NY Slip Op. 04893, holding that a defaulting defendant was not entitled to take discovery in connection with a damages inquest, explaining:
The Supreme Court erred in granting the defendant’s motion to vacate the note of issue and certificate of readiness and to compel the plaintiff to provide additional discovery. While a defaulting defendant is entitled to present testimony and evidence and cross-examine the plaintiff’s witnesses at the inquest on damages, such a defendant is not entitled to any further discovery since its answer was stricken. Here, since the court struck the defendant’s answer in an order dated December 2, 2019, the defendant is not entitled to any further discovery.
(Internal quotations and citations omitted).