Opinion
2012-12-6
Felix ARRUFAT, Plaintiff–Respondent, v. Dalipchand BHIKHI, Defendant–Appellant.
Gannon, Rosenfarb, Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellant. Yalkut & Israel, Bronx (Arlen S. Yalkut of counsel), for respondent.
Gannon, Rosenfarb, Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellant. Yalkut & Israel, Bronx (Arlen S. Yalkut of counsel), for respondent.
GONZALEZ, P.J., SWEENY, RICHTER, ROMÁN, CLARK, JJ.
Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered January 11, 2012, which, after a traverse hearing, found that personal jurisdiction over defendant was properly obtained, unanimously affirmed, without costs.
The hearing court's determination turned largely on credibility, the resolution of which is entitled to deference on appeal ( see Matter of Brown v. Rosario, 272 A.D.2d 205, 708 N.Y.S.2d 291 [1st Dept. 2000];Cadle Co. v. Nunez, 43 A.D.3d 653, 655, 841 N.Y.S.2d 291 [1st Dept. 2007] ), and we find no reason to disturb the court's determination here. At the traverse hearing, the process server testified that a man named Elliason, who was present at the two-family home owned by defendant, said that he was a co-tenant with defendant, and accepted service. While defendant denied any knowledge of Elliason, and claimed that the two residences at this address were leased to two other people, his assertion merely created an issue of credibility. While it was in defendant's power to produce the leases to these other people, he did not do so. That defendant produced documentation indicating that he had another address, did not conclusively establish that he did not reside at the two- family home where Elliason accepted service under CPLR 308(2).