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Federal Deposit Ins. Corp. v. Evangelista

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 1996
226 A.D.2d 208 (N.Y. App. Div. 1996)

Opinion

April 16, 1996

Appeal from the Supreme Court, Nassau County (Gabriel Kohn, J.).


A preponderance of the evidence at the traverse, including the process server's testimony, affidavit of service and logbook, established that the summons and complaint were delivered to defendant's wife, a person of suitable age and discretion, on June 8, 1994, and mailed the next day to defendant's residence, in accordance with CPLR 308 (2). The discrepancies between the process server's description of defendant's wife and her actual height, weight and first name are not so significant as to warrant disturbing the hearing court's finding that she was served ( see, Black v. Pappalardo, 132 A.D.2d 640; Kardanis v Velis, 90 A.D.2d 727). To the contrary, that defendant's wife, who speaks English with a foreign accent and had "extreme difficulty" expressing herself at the hearing, and who stated at the hearing that her name is "Antonia", was identified in the affidavit of service as "Antoinette", is a circumstance that reflects well on the process server's credibility.

Concur — Rosenberger, J.P., Rubin, Nardelli and Tom, JJ.


Summaries of

Federal Deposit Ins. Corp. v. Evangelista

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 1996
226 A.D.2d 208 (N.Y. App. Div. 1996)
Case details for

Federal Deposit Ins. Corp. v. Evangelista

Case Details

Full title:FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of DOLLAR DRY DOCK…

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

Date published: Apr 16, 1996

Citations

226 A.D.2d 208 (N.Y. App. Div. 1996)
641 N.Y.S.2d 19

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