Shaw Funding, L.P. v. Samuel
Cases that cite this one
6 later published cases cite this decision.
- Jhang v. Nassau University Medical Center (Appellate Division of the Supreme Court of New York 2016)
- Prosolov v. PSRS Realty (Appellate Division of the Supreme Court of New York 2015)
- Doubletree Hotel Tarrytown v. Chacko (Appellate Division of the Supreme Court of New York 2014)
- Doubletree Hotel Tarrytown v. Chacko (Appellate Division of the Supreme Court of New York 2014)
- Chusid v. Silvera (Appellate Division of the Supreme Court of New York 2013)
- Chusid v. Silvera (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The resolution of credibility issues by the hearing court is entitled to deference on appeal, and will be upheld if supported by evidence in the record (see generally Gass v Gass, 42 AD3d 393 [2007]; Ahrens v Chisena, 40 AD3d 787 [2007]; Lattingtown Harbor Prop. Owners Assn., Inc. v Agostino, 34 AD3d 536 [2006]). The hearing record in this case supports the court’s conclusion that the plaintiff did not effectuate service of the motion for a deficiency judgment upon the respondents (see RPAPL 1371 [2]; First Nationwide Bank v Pegasus Agency, 253 AD2d 536 [1998]), and we discern no basis to disturb that determination.
The plaintiffs remaining contentions are without merit. Dillon, J.P., Chambers, Sgroi and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.