Opinion
2009-258 Q C.
Decided March 8, 2010.
Appeal from an order of the Civil Court of the City of New York, Queens County (Lee A. Mayersohn, J.), entered May 2, 2008. The order, following a traverse hearing, denied defendant's motion seeking, in effect, to dismiss the complaint.
ORDERED that the order is affirmed without costs.
PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ.
In this action to recover for breach of a credit card agreement, defendant moved, in effect, to dismiss the complaint on the ground that he had not been properly served. At the traverse hearing, the process server testified that he had attempted to serve defendant on three occasions at his home located at 8432 55th Road in Queens. The process server's affidavit of service and logbook were admitted into evidence to corroborate his testimony. By order entered May 2, 2008, the Civil Court denied defendant's motion.
Upon a review of the record, we find that the Civil Court properly determined that plaintiff had established by a preponderance of the evidence that defendant had been properly served ( see CPLR 308; Mortgage Access Corp. v Webb, 11 AD3d 592). Neither defendant's unsubstantiated claim that the process server did not serve him at his home nor the insignificant discrepancies between the process server's and defendant's descriptions of the premises as to the number of doorbells and whether there was a screen door warrant disturbing the Civil Court's finding that defendant had been properly served. Accordingly, the order is affirmed.
Pesce, P.J., Weston and Steinhardt, JJ., concur.