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GILMORE v. TINDEL

210 A.D.2d 1 (1994)

618 N.Y.S.2d 815

Junior Gilmore et al., Respondents, v. Seymour Tindel, Appellant

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

December 1, 1994

The Judicial Hearing Officer's factual findings were properly credited by the court since, as the trier of fact, he was in the best position to have evaluated the witnesses' credibility (European Am. Bank & Trust Co. v H. Frenkel, Ltd., 163 A.D.2d 154, 155). Moreover, the process server's log book was properly admitted into evidence as a business record, despite his failure to recall the specific events which occurred on the...

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