Legal Opinion

Avco Mortgage Co. v. Ward

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1998PublishedCited by 4 opinions

1Opinion of the Court

—In an action to foreclose a mortgage, the defendants Gaillard Ward and Janie Ward appeal from an order of the Supreme Court, Kings County (Barasch, J.), dated August 28, 1997, which, after a hearing to determine the validity of the service of process, denied their motion, in effect, to vacate a judgment of foreclosure and sale.

Ordered that the order is affirmed, with costs.

Because of its opportunity to see and hear the witnesses, the determination of the Supreme Court as to the credibility of the witnesses who testified at the hearing is entitled to great deference on appeal (see, Federal…

2Cases cited3 opinions

  1. Federal National Mortgage Ass'n v. RothAppellate Division of the Supreme Court of the State of New York · 1997
  2. Citibank, N. A. v. BaronatAppellate Division of the Supreme Court of the State of New York · 1997
  3. Citibank, N. A. v. FreundAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. Wells Fargo Bank, N.A. v. MozaAppellate Division of the Supreme Court of the State of New York · 2015
  2. Coronet Capital Co. v. SpodekAppellate Division of the Supreme Court of the State of New York · 1999
  3. Home Federal Savings Bank v. MahoodAppellate Division of the Supreme Court of the State of New York · 1999
  4. Federal Home Loan Mortgage Corp. v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2000

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