| Weissman v Ryan |
| 2012 NY Slip Op 52143(U) [37 Misc 3d 136(A)] |
| Decided on November 20, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court of the City of New York, New York
County (Sabrina B. Kraus, J.), dated March 28, 2012, which, after a traverse, denied his
motion to dismiss the petition in a holdover summary proceeding.
Per Curiam.
Order (Sabrina B. Kraus, J.), dated March 28, 2012, affirmed, with $10 costs.
The record supports the traverse court's determination that landlord effectuated service of the notice of petition and petition upon tenant in compliance with RPAPL § 735(1). Any inaccuracies or discrepancies in the process server's testimony were primarily for the traverse court, as factfinder, to resolve (see Bunin v Hoffman, 244 AD2d 163 [1997]), and were not so significant as to warrant disturbing the court's finding that tenant was properly served (F.D.I.C. v Evangelista, 226 AD2d 208 [1996]). Nor, on this record, did the process server's inability to produce a complete copy of his logbook require a finding of improper service (see Hudson House v Gabriel, 195 Misc 2d 453, 454 [2002]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 20, 2012