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Home Federal Savings Bank v. Mahood

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1999
260 A.D.2d 438 (N.Y. App. Div. 1999)

Opinion

April 12, 1999

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


Ordered that the order is affirmed, with costs.

Contrary to the defendants' contentions, the plaintiff satisfied its evidentiary burden at the hearing to determine the propriety of service of process ( see, Meagher v. ARA Serv., 242 A.D.2d 286; Wern v. D'Alessandro, 219 A.D.2d 646) and established that jurisdiction was properly acquired over the defendants. The credible testimony of the process server demonstrated that service had been made upon the defendant Millicent R. Mahood, at her home, within minutes after the conceded service personally made upon the defendant Willard S. Mahood ( see, Miller v. Irwin, 202 A.D.2d 344). While the defendants offered conclusory testimony that the defendant Millicent R. Mahood was not served, this conflicting evidence raised a credibility issue. The hearing court's credibility determination is entitled to great weight on appeal ( see, Miale v. Miale, 258 A.D.2d 444; Federal Natl. Mtge. Assn. v. Roth, 240 A.D.2d 466). Since it is amply supported by the record, it will not be disturbed ( see, Avco Mtge. Co. v. Ward, 255 A.D.2d 347; Leonard v. Grimes, 246 A.D.2d 630; Key Bank USA v. Klein, 243 A.D.2d 688).

The defendants' remaining contentions are without merit.

Altman, J. P., Friedmann, McGinity and Luciano, JJ., concur.


Summaries of

Home Federal Savings Bank v. Mahood

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1999
260 A.D.2d 438 (N.Y. App. Div. 1999)
Case details for

Home Federal Savings Bank v. Mahood

Case Details

Full title:HOME FEDERAL SAVINGS BANK, Respondent, v. WILLARD S. MAHOOD et al.…

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

Date published: Apr 12, 1999

Citations

260 A.D.2d 438 (N.Y. App. Div. 1999)
686 N.Y.S.2d 717

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