From Casetext: Smarter Legal Research

Norwest Mortgage v. Diaz

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2000
273 A.D.2d 211 (N.Y. App. Div. 2000)

Opinion

June 5, 2000.

In an action to foreclose a mortgage, the defendant Robert Diaz appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated August 10, 1999, which, after a hearing to determine the validity of the service of process, denied his motion, inter alia, to vacate a judgment of foreclosure and sale.

Before: Joy, J. P., Goldstein, H. Miller and Schmidt, JJ.


Ordered that the order is affirmed, with costs.

The determination of the Supreme Court as to the credibility of the witnesses testifying before it is entitled to great deference on appeal because of its 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 Supreme Court's determination that the plaintiff properly served the summons and complaint upon the appellant is supported by the record ( see, Fosella Bldrs. Gen. Contrs. v. Silver, 208 A.D.2d 525).

The appellant's remaining contention is without merit.


Summaries of

Norwest Mortgage v. Diaz

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2000
273 A.D.2d 211 (N.Y. App. Div. 2000)
Case details for

Norwest Mortgage v. Diaz

Case Details

Full title:NORWEST MORTGAGE, INC., Respondent, v. ROBERT DIAZ, Appellant, et al.…

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

Date published: Jun 5, 2000

Citations

273 A.D.2d 211 (N.Y. App. Div. 2000)
709 N.Y.S.2d 439