144 Bleecker Street Corp. v. Souto Geffen Co.

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered September 30, 1999, which, inter alia, denied plaintiffs motion pursuant to RPAPL 1371 for leave to enter a deficiency judgment against defendants-respondents, unanimously affirmed, with costs.

The record amply supports the Special Referee’s finding of credibility, to which the IAS Court appropriately deferred (see, Matter of Broder, 265 AD2d 218; Rezzadeh v Lucas, 253 AD2d 698), rejecting plaintiffs process server’s testimony that he personally delivered the motion for leave to enter a deficiency judgment to defendants’…