Opinion
March 1, 1999
Appeal from the Supreme Court, Queens County (Goldstein, J.).
Ordered the cross appeal is dismissed as abandoned; and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
We find no basis to disturb the Supreme Court's finding that the plaintiffs established by a preponderance of the evidence that the defendant was personally served with process ( see, Wern v. D'Alessandro, 219 A.D.2d 646). The Supreme Court's determination that the testimony of the process server was more credible than that of the defense witnesses is entitled to substantial deference on appeal ( see, Key Bank USA v. Klein, 243 A.D.2d 688; Federal Natl. Mtge. Assn. v. Roth, 240 A.D.2d 466), and is supported by a fair interpretation of the evidence ( see, Barclays Bank v. Heady Elec. Co., 212 A.D.2d 749, lv dismissed in part, denied in part 87 N.Y.2d 1008, cert denied 519 U.S. 1110).
The defendant's remaining contentions are without merit. O'Brien, J. P., Sullivan, Joy and Krausman, JJ., concur.