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R.P. CAUTELA REALTY, INC., Respondent, v. JOHN G. McDONALD, Appellant.

Ordered that the order is affirmed, with costs.

Upon a review of the record, we find that the plaintiff met its burden of establishing personal jurisdiction over the defendant by a preponderance of the evidence ( see, Skyline Agency v Ambrose Coppotelli, Inc., 117 A.D.2d 135, 139). The resolution of issues of credibility by the hearing court, which had the opportunity to observe the witnesses, is entitled to great weight on appeal ( see, Laurenzano v. Laurenzano, 222 A.D.2d 560, 561). Where the evidence presents a "clear choice of polar opposites on the question of service, and the court resolved the conflict on the basis of evidence which was not incredible as a matter of law", the court's findings should not be disturbed "in the absence of a fair reason to do so" ( McMullen v. Arnone, 79 A.D.2d 496, 498).

The defendant's remaining contentions are without merit.

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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R.P. CAUTELA REALTY, INC. v. McDONALD
(May 5, 1997)