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RED CHEEK, INC. v. CROWN CONFECTIONS, INC.

129 A.D.2d 787 (1987)

Red Cheek, Inc., Appellant, v. Crown Confections, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 27, 1987

Ordered that the order is reversed insofar as appealed from, with costs, and it is directed that the Sheriff's poundage is to be paid by the defendant.

The plaintiff obtained a default judgment against the defendant when the defendant failed to timely serve its answer. The plaintiff then apparently issued execution to the Sheriff. After levy, the default judgment and all executions were vacated upon Special Term's finding...

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