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PROFICIENT FOOD COMPANY, INC. v. PHOENIX PARTNERS, L.P.

6 A.D.3d 168 (2004)

773 N.Y.S.2d 562

PROFICIENT FOOD COMPANY, INC., Appellant, v. PHOENIX PARTNERS, L.P., Respondent.

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

April 1, 2004.

Plaintiff moved for a default judgment, pursuant to CPLR 3215, after it received no response to the summons and complaint, which plaintiff then reasonably believed had been validly served. When defendant opposed the default judgment motion, plaintiff requested a traverse hearing to determine the validity of its service of process, and the court ordered such a hearing. Before the traverse hearing was held, however, plaintiff withdrew the default judgment motion upon learning...

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