The opinion of the court was delivered by FISHER, P.J.A.D.
This appeal presents a procedural question: is a defendant, who, in responding to a complaint, moved for dismissal but did not file an answer after the motion was denied, entitled to notice of a plaintiff's request for default? Because the applicable rules of procedure do not expressly authorize an ex parte request for default in this unusual circumstance, and because the rules are based on a policy favoring...
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