Citibank, N. A. v. Freund
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to foreclose a mortgage, the defendants Gita Freund and Ernest Freund appeal from so much of an order of the Supreme Court, Kings County (Shaw, J.), dated August 30, 1995, as granted that branch of the plaintiff’s motion which was to confirm so much of a Referee’s report as determined that service of process upon the defendant Gita Freund had been proper.
Ordered that the order is affirmed insofar as appealed from, with costs.
Matters of credibility are best determined by the hearing court, which had the opportunity to observe the witnesses (see, Fosella Bldrs. & Gen. Contrs. v…
2Cases cited1 opinion
- Vito M. Fosella Builders & General Contractors, Inc. v. SilverAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by4 opinions
- Avco Mortgage Co. v. WardAppellate Division of the Supreme Court of the State of New York · 1998
- Norwest Mortgage, Inc. v. DiazAppellate Division of the Supreme Court of the State of New York · 2000
- Staton v. OmwukemeAppellate Division of the Supreme Court of the State of New York · 2000
- Federal Home Loan Mortgage Corp. v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2000