Opinion
570044/07.
Decided October 21, 2008.
Respondent Boland appeals from an order of the Civil Court of the City of New York, New York County (David B. Cohen, J.), dated February 7, 2007, which overruled the traverse, and from an order of the same court (Jean T. Schneider), dated February 7, 2007, which denied her motion to dismiss the petition and to be restored to possession in a nonpayment summary proceeding.
PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ.
Order (David B. Cohen, J.), dated February 7, 2007, and order (Jean T. Schneider, J.), dated February 7, 2007, affirmed, without costs.
We find no basis for disturbing the traverse court's findings of fact, which in large part turned on witness credibility ( see Holtzer v Stepper, 268 AD2d 372), and agree that service was properly effectuated upon respondent "Jane Doe" by personal delivery to the named tenant at the demised apartment premises and subsequent mailing. Giving due deference to the court's further finding that the name and identity of occupant Boland were not known to petitioner prior to its commencement of the underlying nonpayment proceeding, we also agree that Boland was properly designated as "Jane Doe" ( see and compare Triborough Bridge and Tunnel Auth. v Wimpfheimer, 165 Misc 2d 584).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.