| King v Gil |
| 2010 NY Slip Op 00221 [69 AD3d 678] |
| January 12, 2010 |
| Appellate Division, Second Department |
| Anne Marie King et al., Respondents, v John Gil et al.,Appellants. |
—[*1]
In an action to recover damages for medical malpractice, etc., the defendants appeal from anorder of the Supreme Court, Suffolk County (Cohalan, J.), dated January 13, 2009, which, after ahearing, denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendants' contention, the Supreme Court's determination that the testimonyof the process server was more credible than that of the defense witnesses is entitled to greatdeference on appeal, and its conclusion that service was properly effected upon the defendants issupported by the record (see Aguilera vPistilli Constr. & Dev. Corp., 63 AD3d 765, 767 [2009]; Mastroianni v Rallye Glen Cove, LLC,59 AD3d 686, 687 [2009]; Gass v Gass, 42 AD3d 393 [2007]; Ahrens v Chisena, 40 AD3d 787,788 [2007]; Lattingtown Harbor Prop.Owners Assn., Inc. v Agostino, 34 AD3d 536, 538 [2006]). Accordingly, we discern nobasis in the record to disturb the Supreme Court's resolution of the issues.
The defendants' remaining contentions are without merit. Mastro, J.P., Fisher, Belen andAustin, JJ., concur.