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Bunin v. Hoffman

Appellate Division of the Supreme Court of New York, First Department
Nov 6, 1997
244 A.D.2d 163 (N.Y. App. Div. 1997)

Opinion

November 6, 1997

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


The finding of jurisdiction is sufficiently supported by the testimony of the process server at the traverse hearing that, on the day in question, after a person who appeared to be a nurse pointed to and identified a nearby person as being defendant, he delivered the summons and complaint to that person, who generally matched the physical description of defendant that had been given to him and who identified himself as being defendant. Neither the minor inaccuracies in the process server's description of defendant in his affidavit of service, nor defendant's unsubstantiated claim that at the alleged time of service he was not at the alleged place of service, warrant disturbing the Special Referee's findings crediting the process server and discrediting defendant and his witness (see, Black v Pappalardo, 132 A.D.2d 640; Kardanis v. Velis, 90 A.D.2d 727).

Concur — Milonas, J. P., Ellerin, Wallach and Rubin, JJ.


Summaries of

Bunin v. Hoffman

Appellate Division of the Supreme Court of New York, First Department
Nov 6, 1997
244 A.D.2d 163 (N.Y. App. Div. 1997)
Case details for

Bunin v. Hoffman

Case Details

Full title:CAREY BUNIN, Respondent, v. RONALD A. HOFFMAN, Defendant, and LEONARD…

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

Date published: Nov 6, 1997

Citations

244 A.D.2d 163 (N.Y. App. Div. 1997)
663 N.Y.S.2d 573

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