MIALE v. MIALE


258 A.D.2d 444 (1999)

682 N.Y.S.2d 918

PETER MIALE, Appellant, v. AMY MIALE, Respondent.

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

Decided February 1, 1999.


Ordered that the judgment is affirmed, with costs.

The Supreme Court determined that the plaintiff was personally served with the postjudgment motion on May 28, 1997, at approximately 9:30 P.M., in front of his home in Brooklyn. "The testimony on this issue was conflicting and presented a pure question of credibility which the court resolved in favor of finding service. This determination, made with the opportunity to observe the witnesses' demeanor, is entitled to...

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