Federal Deposit Insurance v. Evangelista

Order, Supreme Court, Nassau County (Gabriel Kohn, J.), entered January 17, 1995, which, inter alia, in an action to foreclose a mortgage, granted plaintiff receiver’s motion for summary judgment upon finding, after a hearing, that the court had personal jurisdiction over defendant-appellant mortgagor, unanimously affirmed, with costs.

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,…