The motion court erroneously denied the motion for a default judgment on the ground that service to the incarcerated third-party defendant was not proper. It is well established that where service is proper and a plaintiff makes out the facts of its entitlement to judgment, a plaintiff is entitled to a default judgment when defendant fails to appear (see CPLR 3215). The application for default must be supported by either an affidavit of a person with knowledge, or...
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