From Casetext: Smarter Legal Research

Billings v. Southside Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1986
122 A.D.2d 101 (N.Y. App. Div. 1986)

Opinion

July 14, 1986

Appeal from the Supreme Court, Suffolk County (Orgera, J.).


Order affirmed, with costs.

The issue at the hearing was whether or not the defendant Dr. Chernick was personally served with a summons and complaint at his office in Bay Shore on August 4, 1983.

The testimony on this issue was conflicting and presented a pure question of credibility which was resolved in favor of Dr. Chernick. This determination, based upon the hearing court's opportunity to observe the witnesses, is entitled to deference, and we see no reason to disturb it (see, Occhiuzzi v Occhiuzzi, 108 A.D.2d 799; Feeney v Booth Mem. Med. Center, 109 A.D.2d 865; Altman v Wallach, 104 A.D.2d 391). Mollen, P.J., Lazer, Thompson and Kunzeman, JJ., concur.


Summaries of

Billings v. Southside Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1986
122 A.D.2d 101 (N.Y. App. Div. 1986)
Case details for

Billings v. Southside Hospital

Case Details

Full title:DOROTHY BILLINGS, Individually and as Administratrix of the Estate of…

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

Date published: Jul 14, 1986

Citations

122 A.D.2d 101 (N.Y. App. Div. 1986)

Citing Cases

Vito M. Fosella Builders & General Contractors, Inc. v. Silver

On the other hand, the process server testified at the hearing that he served the doorman on May 11, 1992,…

Matter of Reisz v. Reisz

ORDERED that the order is affirmed, with costs. It is well settled that resolution of questions of…