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SACKMAN MORTGAGE CORP. v. W. 104TH ST. APARTMENT CORP.

194 A.D.2d 400 (1993)

598 N.Y.S.2d 509

Sackman Mortgage Corp. et al., Respondents, v. West 104th Street Apartment Corporation et al., Defendants, and 104 West Associates, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 10, 1993

While the IAS Court focused upon defendant's delay in moving to vacate its default (see, Boorman v Deutsch, 152 A.D.2d 48, 51-52, lv dismissed 76 N.Y.2d 889), its finding that process had been served on a general partner of defendant, who did not have a beard at the time of the alleged service, rested upon a fair interpretation of the evidence based, in large measure, on considerations of credibility (see,

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