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CITIBANK v. FREUND

238 A.D.2d 299 (1997)

656 N.Y.S.2d 944

Citibank, N. A., Respondent, v. Gita Freund et al., Appellants, et al., Defendants

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

April 7, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

Matters of credibility are best determined by the hearing court, which had the opportunity to observe the witnesses (see, Fosella Bldrs. & Gen. Contrs. v Silver, 208 A.D.2d 525, 526). We are satisfied that the hearing court's findings of fact support its determination that process was properly served on the defendant...

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