From Casetext: Smarter Legal Research

Citibank v. Freund

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 299 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


In an action to foreclose a mortgage, the defendants Gita Freund and Ernest Freund appeal from so much of an order of the Supreme Court, Kings County (Shaw, J.), dated August 30, 1995, as granted that branch of the plaintiff's motion which was to confirm so much of a Referee's report as determined that service of process upon the defendant Gita Freund had been proper.

Ordered that the order is affirmed insofar as appealed from, with costs.

Matters of credibility are best determined by the hearing court, which had the opportunity to observe the witnesses ( see, Fosella Bldrs. Gen. Contrs. v. Silver, 208 A.D.2d 525, 526). We are satisfied that the hearing court's findings of fact support its determination that process was properly served on the defendant Gita Freund. Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.


Summaries of

Citibank v. Freund

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 299 (N.Y. App. Div. 1997)
Case details for

Citibank v. Freund

Case Details

Full title:CITIBANK, N.A., Respondent, v. GITA FREUND et al., Appellants, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 7, 1997

Citations

238 A.D.2d 299 (N.Y. App. Div. 1997)
656 N.Y.S.2d 944

Citing Cases

Staton v. Omwukeme

The plaintiff claims that at a hearing to determine the validity of service, the Supreme Court improperly…

Norwest Mortgage v. Diaz

Ordered that the order is affirmed, with costs. The determination of the Supreme Court as to the credibility…