| 1855 7th Ave. Coop. HDFC v Scott |
| 2008 NY Slip Op 52088(U) [21 Misc 3d 131(A)] |
| Decided on October 21, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondent Boland appeals from an order of the Civil Court of the City of New York, New
York County (David B. Cohen, J.), dated February 7, 2007, which overruled the traverse, and
from an order of the same court (Jean T. Schneider), dated February 7, 2007, which denied her
motion to dismiss the petition and to be restored to possession in a nonpayment summary
proceeding.
PER CURIAM.
Order (David B. Cohen, J.), dated February 7, 2007, and order (Jean T. Schneider, J.), dated February 7, 2007, affirmed, without costs.
We find no basis for disturbing the traverse court's findings of fact, which in large part turned on witness credibility (see Holtzer v Stepper, 268 AD2d 372 [2000]), and agree that service was properly effectuated upon respondent "Jane Doe" by personal delivery to the named tenant at the demised apartment premises and subsequent mailing. Giving due deference to the court's further finding that the name and identity of occupant Boland were not known to petitioner prior to its commencement of the underlying nonpayment proceeding, we also agree that Boland was properly designated as "Jane Doe" (see and compare Triborough Bridge and Tunnel Auth. v Wimpfheimer, 165 Misc 2d 584 [1995]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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Decision Date: October 21, 2008