Opinion
No. 570575/12.
2012-11-20
Seth WEISSMAN and Matthew Weissman, Petitioners–Landlords–Respondents, v. Gary RYAN, Respondent–Tenant–Appellant.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), dated March 28, 2012, which, after a traverse, denied his motion to dismiss the petition in a holdover summary proceeding.
Present: SHULMAN, J.P., HUNTER, JR., TORRES, JJ.
PER CURIAM.
Order (Sabrina B. Kraus, J.), dated March 28, 2012, affirmed, with $10 costs.
The record supports the traverse court's determination that landlord effectuated service of the notice of petition and petition upon tenant in compliance with RPAPL § 735(1). Any inaccuracies or discrepancies in the process server's testimony were primarily for the traverse court, as factfinder, to resolve ( see Bunin v. Hoffman, 244 A.D.2d 163 [1997] ), and were not so significant as to warrant disturbing the court's finding that tenant was properly served (F.D.I.C. v. Evangelista, 226 A.D.2d 208 [1996] ). Nor, on this record, did the process server's inability to produce a complete copy of his logbook require a finding of improper service ( see Hudson House v. Gabriel, 195 Misc.2d 453, 454 [2002] ).