Opinion
January 23, 1989
Appeal from the Supreme Court, Queens County (Di Tucci, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Conflicting evidence was adduced at the hearing as to when the summonses and complaints were served. The respondents met their burden of proving that process was served more than three years after the injury on which the action is premised (Martin v Edwards Labs., 60 N.Y.2d 417, 428; Connell v Hayden, 83 A.D.2d 30, 39) and we discern no basis for disturbing the Supreme Court's resolution of this factual question in their favor (see, Weber v State of New York, 107 A.D.2d 929; Brooklyn Union Gas Co. v Arrao, 100 A.D.2d 949). Thompson, J.P., Bracken, Rubin and Harwood, JJ., concur.