SELDON v. CROW

11334, 101656/12

112 A.D.3d 472 (2013)

976 N.Y.S.2d 874

2013 NY Slip Op 8334

PHILIP SELDON, Appellant, v. CHEYENNE CROW et al., Respondents.

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

Decided December 12, 2013.


Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered August 7, 2012, which, after a traverse hearing, granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

There exists no basis to disturb the hearing court's determination, based on an assessment of the witnesses' credibility, that service was not properly effected upon defendants by the process server (cf. Pressley...

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