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Fallica v. Sconzo

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1991
169 A.D.2d 701 (N.Y. App. Div. 1991)

Opinion

January 14, 1991

Appeal from the Supreme Court, Suffolk County (Cannavo, J.).


Ordered that the order and judgment is affirmed, with costs.

Contrary to the plaintiffs' contention, the weight of the evidence presented at the hearing supports the Supreme Court's conclusion that service of process on the defendant was not properly accomplished so as to give the court personal jurisdiction over him in this case. The question of the credibility of the process server's testimony is addressed to the hearing court in the first instance, and we discern no basis in the record for disturbing its determination with respect to that issue. Sullivan, J.P., Eiber, Harwood and Balletta, JJ., concur.


Summaries of

Fallica v. Sconzo

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1991
169 A.D.2d 701 (N.Y. App. Div. 1991)
Case details for

Fallica v. Sconzo

Case Details

Full title:MARION FALLICA et al., Appellants, v. FRANK T. SCONZO, Respondent

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

Date published: Jan 14, 1991

Citations

169 A.D.2d 701 (N.Y. App. Div. 1991)