Slotnick v. Campanile

Memorandum. The order of the Appellate Division should be affirmed.

Appellant’s contention that the determination by Special Term—that appellant failed to sustain the burden of proving service on respondent—was against the weight of the evidence presents only an issue of fact which, in light of the Appellate Division’s affirmance, is not within our power to review.

Assuming without deciding that CPLR 4213 (subd [b]) applies to a hearing before the court for the resolution of factual issues incident to the disposition of a motion challenging jurisdiction, as distinguished from a trial on the…