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Ramos v. Samuels

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 2004
6 A.D.3d 598 (N.Y. App. Div. 2004)

Opinion

2003-05737.

Decided April 19, 2004.

In an action to recover damages for personal injuries, the defendant Diana Santana appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Silverman, J.H.O.), dated November 22, 2002, as, after a hearing on the issue of service of process, found that she was properly served and, in effect, denied that branch of her motion which was to vacate her default in answering the complaint.

Boeggeman, George, Hodges Corde, P.C., White Plains, N.Y. (Cynthia Dolan of counsel), for appellant.

Day Associates, P.C., Great Neck, N.Y. (Rose M. Day and Eric Hack of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, SONDRA MILLER, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The conflicting testimony at the hearing on the issue of service of process presented a question of credibility, and the Judicial Hearing Officer credited the testimony of the plaintiff's process server. There is no reason to disturb this determination, which is entitled to deference on appeal ( see Ortiz v. Jamwant, 305 A.D.2d 477, 478; Koslosky v. Koslosky, 267 A.D.2d 357).

ALTMAN, J.P., SMITH, S. MILLER and CRANE, JJ., concur.


Summaries of

Ramos v. Samuels

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 2004
6 A.D.3d 598 (N.Y. App. Div. 2004)
Case details for

Ramos v. Samuels

Case Details

Full title:DENISE RAMOS, plaintiff-respondent, v. FERRON SAMUELS, ET AL., defendants…

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

Date published: Apr 19, 2004

Citations

6 A.D.3d 598 (N.Y. App. Div. 2004)
774 N.Y.S.2d 787