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

In an action to recover the principal sum of $51,004.80 for goods sold and delivered, the plaintiff ap*788peals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Becker, J.), entered October 4, 1985, as directed that the Sheriffs poundage be paid by the plaintiff.

Ordered that the order is reversed insofar as appealed from, with costs, and it is directed that the Sheriffs 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…