Opinion
February 1, 1999
Appeal from the Supreme Court, Nassau County (Lockman, J.).
Ordered that the judgment is affirmed, with costs.
The Supreme Court determined that the plaintiff was personally served with the postjudgment motion on May 28, 1997, at approximately 9:30 P.M., in front of his home in Brooklyn. "The testimony on this issue was conflicting and presented a pure question of credibility which the court resolved in favor of finding service. This determination, made with the opportunity to observe the witnesses' demeanor, is entitled to deference and will not be disturbed" if supported by the evidence ( Altman v. Wallach, 104 A.D.2d 391, 392; see also, Marks v. Buongiovanni, 214 A.D.2d 653).
The plaintiff's remaining contentions are either Without merit or do not warrant reversal ( see, Wern v. D'Alessandro, 219 A.D.2d 646).
Santucci, J. P., Altman, Friedmann and McGinity, JJ., concur.