Plaintiff must prove Serious Injury at Inquest

Abbas v. Cole recently decided by the Appellate Division, Second Dept. held that even when a defendant defaults the plaintiff must submit proof in admissible form of serious injury at inquest to prevail.   In the instant case defendant defaulted and in a motor vehicle accident case for personal injuries. Plaintiff moved for a default judgment and defendant moved for more time to answer. Plaintiff’s motion was granted and defendant’s denied. Defendant appeal the entry of judgment on the ground that improper evidence was admitted at the inquest. The Appellate Division affimed the Supreme Court decision that serious injury, if not previously determined, must be proven at an inquest.