Cupoli v. Nationwide Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order and judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion to vacate the default judgment for lack of jurisdiction (see, CPLR 5015 [a] [4]) (appeal No. 2). “While there was conflicting hearing testimony regarding whether process was personally delivered to the defendant, it is well settled that the factual findings and credibility determinations of the hearing court are entitled to great deference on appeal and will not be disturbed unless they are against the weight of the credible evidence” (Yasuda Bank & Trust Co. v Oree, 233 AD2d 391;…
2Cases cited9 opinions
- Miles v. Blue Label Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Bethlehem Steel Corp. v. SolowNew York Court of Appeals · 1980
- Stewart v. WarrenAppellate Division of the Supreme Court of the State of New York · 1987
- Cooper v. BadruddinAppellate Division of the Supreme Court of the State of New York · 1993
- Citibank, N. A. v. BaronatAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by1 opinion
- Cupoli v. Nationwide InsuranceAppellate Division of the Supreme Court of the State of New York · 2001