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Federal National Mortgage Association v. Roth

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 466 (N.Y. App. Div. 1997)

Opinion

June 9, 1997

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


Ordered that the order is affirmed, with costs.

The Supreme Court's determination as to credibility at the hearing to determine whether the defendants had been served with process in the action is entitled to great deference on appeal, since it had the opportunity to see and hear the witnesses. Based upon that determination, the Supreme Court properly determined that the plaintiff obtained jurisdiction over the defendants (see, Citibank v. Baronat, 238 A.D.2d 369; Brooklyn Union Gas Co. v. Arrao, 100 A.D.2d 949; cf., Wern v D'Allessandro, 219 A.D.2d 646).

The defendants' remaining contentions are academic in light of this determination.

Joy, J.P., Goldstein, Florio and Luciano, JJ., concur.


Summaries of

Federal National Mortgage Association v. Roth

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 466 (N.Y. App. Div. 1997)
Case details for

Federal National Mortgage Association v. Roth

Case Details

Full title:FEDERAL NATIONAL MORTGAGE ASSOCIATION, Respondent, v. STEPHEN J. ROTH et…

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

Date published: Jun 9, 1997

Citations

240 A.D.2d 466 (N.Y. App. Div. 1997)
659 N.Y.S.2d 784