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SPINNELL v. JP MORGAN CHASE BANK, N.A.

59 A.D.3d 361 (2009)

873 N.Y.S.2d 626

ANDREW J. SPINNELL, Respondent, v. JP MORGAN CHASE BANK, N.A., Respondent, and PHILIP SELDON, Appellant.

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

Decided February 26, 2009.

The referee's report clearly defined and addressed the issues, resolved matters of credibility, and was supported by the evidence (Gass v Gass, 42 A.D.3d 393 [2007]), and it correctly applied the law. Contrary to appellant's contentions, the dummy corporation did not have to be named or served because it was defunct at the time of service of the restraining notice. The court properly applied New York law because there is no conflict...

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