Proficient Food Co. v. Phoenix Partners, L.P.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 7, 2002, which granted defendant’s motion to require plaintiff, pursuant to 22 NYCRR 130-1.1, to reimburse the expenses defendant incurred in opposing plaintiffs motion for a default judgment, and order, same court and Justice, entered October 29, 2002, awarding defendant such reimbursement in the amount of $39,356.01, unanimously reversed, on the law and the facts, without costs, the motion for reimbursement denied and the award of reimbursement vacated.

Plaintiff moved for a default judgment, pursuant to CPLR…