Kenneth Taylor Et Al‪.‬

In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County (Kartell, J.), dated July 26, 1983, which denied their motion for partial summary judgment against defendants Albert Pescatore and Edward Casulli, doing business as Apec Television, Inc., on the issue of damages, based upon a claim of collateral estoppel, arising out of an inquest against a defaulting co-defendant. P Order affirmed, with costs. P An assessment of damages against a defaulting defendant may not be used to collaterally estop a non-defaulting co-defendant. The mere fact that the co-defendant had notice of the inquest does not constitute a full and fair opportunity to litigate the issue of damages (Gallivan v Pucello, 38 A.D.2d 876; Schwartz v Public Administrator of County of Bronx, 24 N.Y.2d 65, 71; B.R. DeWitt, Inc. v Hall, 19 N.Y.2d 141, 145; Card v Polito, 55 A.D.2d 123). Rubin, J.P., Boyers, Lawrence and Eiber, JJ., concur.