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SBS Owners, Inc. v Kelly
2008 NY Slip Op 50938(U) [19 Misc 3d 141(A)]
Decided on May 7, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 7, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ
570431/07.

SBS Owners, Inc., Petitioner-Landlord-Respondent,

against

Timothy Kelly, Respondent-Tenant-Appellant. -and- Alyssa Melnick, Respondent-Tenant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), dated February 1, 2007, which, after a traverse hearing, denied his motion to dismiss a holdover summary proceeding.


Per Curiam.

Order (Laurie L. Lau, J.), dated February 1, 2007, affirmed, with $10 costs.

Giving due deference to the traverse court's credibility determinations, we find no cause to disturb the court's express finding that the process server twice attempted to make personal service, including one time outside of normal working hours and at a time when he could reasonably expect someone to be home, before conspicuous place service was effected (see RPAPL § 735; Eight Assoc. v Hynes, 102 AD2d 746 [1984], affd 65 NY2d 739 [1985]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 7, 2008