Gray v. Jaeger (49 A.D.3d 287, 2008)

As a result of this Court’s striking of defendants’ answer on a prior appeal (17 AD3d 286 [2005]), defendants are deemed to have admitted all traversable allegations in the complaint, i.e., those relating to liability-causation as well as negligence (Rokina Opt. Co. v Camera King, 63 NY2d 728 [1984]; see Koeppel v Park, 228 AD2d 288, 289 [1996]). Accordingly, at the trial on damages, defendants may not introduce evidence tending to show that the injuries alleged in the complaint were not caused by defendant’s malpractice (id.). Concur—Lippman, P.J., Mazzarelli, Gonzalez, Sweeny and Acosta, JJ.