Opinion
12-22-2016
VISIONS FEDERAL CREDIT UNION as Successor by Merger to Paragon Federal Credit Union, Plaintiff–Respondent, v. Michael PEREZ, Jr., et al., Defendants–Appellants, Clerk of the Criminal Court of the City of New York, et al., Defendants.
Lettera & Mosiello Law Group, LLP, White Plains (Barak P. Cardenas of counsel), for appellants. Dorf & Nelson LLP, Rye (Jonathan B. Nelson of counsel), for respondent.
Lettera & Mosiello Law Group, LLP, White Plains (Barak P. Cardenas of counsel), for appellants.
Dorf & Nelson LLP, Rye (Jonathan B. Nelson of counsel), for respondent.
Order, Supreme Court, Bronx County (John A. Barone, J.), entered March 20, 2015, which, following a traverse hearing, denied the motion of defendants Michael Perez, Jr. and Navia Perez to dismiss the complaint as against them for lack of personal jurisdiction, unanimously affirmed, without costs.
There exists no basis to disturb the hearing court's determination, based on an assessment of the witnesses' credibility, that service was properly effected upon defendants. Defendants failed to establish that they did not reside at the mortgaged property where plaintiff's process server delivered and mailed the summons and complaint (see Arrufat v. Bhikhi, 101 A.D.3d 441, 954 N.Y.S.2d 538 [1st Dept.2012] ).
FRIEDMAN, J.P., MOSKOWITZ, WEBBER, KAHN, GESMER, JJ., concur.