Opinion
April 16, 1996
Appeal from the Supreme Court, Nassau County (Gabriel Kohn, J.).
A preponderance of the evidence at the traverse, including the process server's testimony, affidavit of service and logbook, established that the summons and complaint were delivered to defendant's wife, a person of suitable age and discretion, on June 8, 1994, and mailed the next day to defendant's residence, in accordance with CPLR 308 (2). The discrepancies between the process server's description of defendant's wife and her actual height, weight and first name are not so significant as to warrant disturbing the hearing court's finding that she was served ( see, Black v. Pappalardo, 132 A.D.2d 640; Kardanis v Velis, 90 A.D.2d 727). To the contrary, that defendant's wife, who speaks English with a foreign accent and had "extreme difficulty" expressing herself at the hearing, and who stated at the hearing that her name is "Antonia", was identified in the affidavit of service as "Antoinette", is a circumstance that reflects well on the process server's credibility.
Concur — Rosenberger, J.P., Rubin, Nardelli and Tom, JJ.