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KEY BANK USA, N. A., v. KLEIN

Appellate Division of the Supreme Court of New York, Second Department.
Oct 27, 1997

Ordered that the order is affirmed, with costs.

The Supreme Court's determination that the testimony of the process server was credible is entitled to substantial deference on appeal ( Federal Natl. Mtge. Assn. v. Roth, 240 A.D.2d 466; Citibank, N. A. v. Baronat, 238 A.D.2d 369; McCray v. Petrini, 212 A.D.2d 676). Based on that testimony the Supreme Court properly determined that personal jurisdiction was obtained over the appellant pursuant to CPLR 308 (2).

Mangano, P.J., Rosenblatt, Pizzuto and Luciano, JJ., concur.