Prosolov v. PSRS Realty, 2014-00947
| Court | New York Supreme Court Appellate Division |
| Citation | 128 A.D.3d 934,11 N.Y.S.3d 188,2015 N.Y. Slip Op. 04298 |
| Decision Date | 20 May 2015 |
| Parties | Dmitry PROSOLOV, respondent, v. PSRS REALTY, et al., appellants. |
| Docket Number | 2014-00947 |
128 A.D.3d 934
11 N.Y.S.3d 188
2015 N.Y. Slip Op. 04298
Dmitry PROSOLOV, respondent
v.
PSRS REALTY, et al., appellants.
2014-00947
Supreme Court, Appellate Division, Second Department, New York.
May 20, 2015.
Bernard Ouziel, Great Neck, N.Y., for appellants.
Steven Zalewski & Associates, P.C., Kew Gardens, N.Y. (Dustin Bowman of counsel), for respondent.
PETER B. SKELOS, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, and JOSEPH J. MALTESE, JJ.
Opinion
In an action, inter alia, to recover damages for breach of a lease, the defendants appeal from a judgment of the Supreme Court, Nassau County (Goodstein, J.), entered September 30, 2013, which, upon an order of the same court (Mahon, J.) dated June 26, 2013, determining, after a hearing, that they were validly served with process and denying their motion to vacate an order of the same court (Goodstein, J.) entered February 4, 2013, upon their default in appearing or answering, is in favor of the plaintiff and against them in the total sum of $21,700.
ORDERED that the judgment is affirmed, with costs.
In reviewing a determination made by a hearing court, the power of this Court is as broad as that of the hearing court, and this Court may render its own determination as warranted by the facts, taking into account that, in a close case, the hearing
court had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809 ; Doubletree Hotel Tarrytown v. Chacko, 115 A.D.3d 703, 704, 981 N.Y.S.2d 584 ; Bartow v. Lugo, 66 A.D.3d 936, 937, 887 N.Y.S.2d 678 ; Mastroianni v. Rallye Glen Cove, LLC, 59 A.D.3d 686, 687, 874 N.Y.S.2d 210 ). The documents submitted by the plaintiff, including the affidavits of service and the process server's logbook and...
To continue reading
Request your trial
-
Jhang v. Nassau Univ. Med. Ctr.
...Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809 ; Prosolov v. PSRS Realty, 128 A.D.3d 934, 11 N.Y.S.3d 188 ; Doubletree Hotel Tarrytown v. Chacko, 115 A.D.3d 703, 704, 981 N.Y.S.2d 584 ; Bartow v. Lugo, 66 A.D.3d 936, 937, 887 N.......
-
U.S. Bank Nat'l Ass'n v. Flowers, 2014-09048
...the mortgagor defaulted thereon, and that, as a preliminary step in obtaining a judgment of foreclosure, the appointment of a referee 11 N.Y.S.3d 188to compute the amount due on the mortgage would be proper (see RPAPL 1321 ; HSBC Bank USA, N.A. v. Taher, 104 A.D.3d 815, 816, 962 N.Y.S.2d 30......
-
Everhome Mortg. Co. v. Berger
...of the evidence that jurisdiction over the Feder defendants was obtained by proper service of process (see Prosolov v. PSRS Realty, 128 A.D.3d 934, 935, 11 N.Y.S.3d 188 ; Doubletree Hotel Tarrytown v. Chacko, 115 A.D.3d 703, 704, 981 N.Y.S.2d 584 ; cf. Thacker v. Malloy, 148 A.D.3d 857, 49 ......
-
SDF7 Richmond, LLC v. Rich-Nich Realty, LLC
...service of the plaintiff's amended motion was properly effected upon Puretz was supported by the record ( see Prosolov v. PSRS Realty, 128 A.D.3d 934, 11 N.Y.S.3d 188; Lattingtown Harbor Prop. Owners Assn., Inc. v. Agostino, 34 A.D.3d 536, 825 N.Y.S.2d 86; Rowlan v. Brooklyn Jewish Hosp., 1......
-
Jhang v. Nassau Univ. Med. Ctr.
...Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809 ; Prosolov v. PSRS Realty, 128 A.D.3d 934, 11 N.Y.S.3d 188 ; Doubletree Hotel Tarrytown v. Chacko, 115 A.D.3d 703, 704, 981 N.Y.S.2d 584 ; Bartow v. Lugo, 66 A.D.3d 936, 937, 887 N.......
-
U.S. Bank Nat'l Ass'n v. Flowers, 2014-09048
...the mortgagor defaulted thereon, and that, as a preliminary step in obtaining a judgment of foreclosure, the appointment of a referee 11 N.Y.S.3d 188to compute the amount due on the mortgage would be proper (see RPAPL 1321 ; HSBC Bank USA, N.A. v. Taher, 104 A.D.3d 815, 816, 962 N.Y.S.2d 30......
-
Everhome Mortg. Co. v. Berger
...of the evidence that jurisdiction over the Feder defendants was obtained by proper service of process (see Prosolov v. PSRS Realty, 128 A.D.3d 934, 935, 11 N.Y.S.3d 188 ; Doubletree Hotel Tarrytown v. Chacko, 115 A.D.3d 703, 704, 981 N.Y.S.2d 584 ; cf. Thacker v. Malloy, 148 A.D.3d 857, 49 ......
-
People v. Woods
...him a level three sex offender pursuant to Correction Law article 6–C.ORDERED that the order is affirmed, without costs or disbursements.128 A.D.3d 934Contrary to the defendant's contention, the Supreme Court properly assessed him 15 points under risk factor 11 for a history of drug abuse. ......