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Federal Home Loan Mortgage v. Richardson

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 558 (N.Y. App. Div. 2000)

Opinion

Submitted December 22, 1999

January 31, 2000

In an action to foreclose a mortgage, the defendant Claude Richardson appeals from an order of the Supreme Court, Kings County (Alfano, J.H.O.), dated December 11, 1997, which, after a hearing to determine the validity of service of process, denied his motion to vacate a judgment of foreclosure and sale of the same court (Lott, J.), dated June 20, 1996, entered upon his default in appearing in the action.

Andrew Paul Cooper, Mineola, N.Y., for appellant.

Block Colucci, P.C., Clifton Park, N.Y. (Kevin P. Wheatley of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The determination of the Supreme Court as to the credibility of the witnesses who testified at the hearing is entitled to great deference on appeal as it had the opportunity to see and hear the witnesses (see, Federal Natl. Mtge. Assn. v. Roth, 240 A.D.2d 466;Citibank v. Baronat, 238 A.D.2d 369 ; Citibank v. Freund, 238 A.D.2d 299 ). The determination that the plaintiff properly served the summons and complaint upon the appellant is amply supported by the record (see, Avco Mtge. Co. of N.Y. v. Ward, 255 A.D.2d 347; Leonard v. Grimes, 246 A.D.2d 630 ).

BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.


Summaries of

Federal Home Loan Mortgage v. Richardson

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 558 (N.Y. App. Div. 2000)
Case details for

Federal Home Loan Mortgage v. Richardson

Case Details

Full title:FEDERAL HOME LOAN MORTGAGE CORPORATION, respondent, v. CLAUDE RICHARDSON…

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

Date published: Jan 31, 2000

Citations

268 A.D.2d 558 (N.Y. App. Div. 2000)
702 N.Y.S.2d 831