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R.P. Cautela Realty, Inc. v. McDonald

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 481 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the Supreme Court, Dutchess County (Beisner, J.).


Ordered that the order is affirmed, with costs.

Upon a review of the record, we find that the plaintiff met its burden of establishing personal jurisdiction over the defendant by a preponderance of the evidence ( see, Skyline Agency v Ambrose Coppotelli, Inc., 117 A.D.2d 135, 139). The resolution of issues of credibility by the hearing court, which had the opportunity to observe the witnesses, is entitled to great weight on appeal ( see, Laurenzano v. Laurenzano, 222 A.D.2d 560, 561). Where the evidence presents a "clear choice of polar opposites on the question of service, and the court resolved the conflict on the basis of evidence which was not incredible as a matter of law", the court's findings should not be disturbed "in the absence of a fair reason to do so" ( McMullen v. Arnone, 79 A.D.2d 496, 498).

The defendant's remaining contentions are without merit.

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.


Summaries of

R.P. Cautela Realty, Inc. v. McDonald

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 481 (N.Y. App. Div. 1997)
Case details for

R.P. Cautela Realty, Inc. v. McDonald

Case Details

Full title:R.P. CAUTELA REALTY, INC., Respondent, v. JOHN G. McDONALD, Appellant

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

Date published: May 5, 1997

Citations

239 A.D.2d 481 (N.Y. App. Div. 1997)
658 N.Y.S.2d 954

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