CROSSLAND MORTGAGE CORP v. ROBERTS (2006)

Supreme Court, Appellate Division, Second Department, New York.

CROSSLAND MORTGAGE CORP., respondent, v. Helen ROBERTS, Appellant, et al., defendants.

Decided: December 26, 2006

ROBERT W. SCHMIDT, J.P., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, and REINALDO E. RIVERA, JJ.

Pamela D. Hayes, New York, N.Y., for appellant.

In an action to foreclose a mortgage, the defendant Helen Roberts appeals from an order of the Supreme Court, Queens County (Kelly, J.), entered July 19, 2005, which, after a hearing to determine the validity of service of process, denied her motion to vacate the judgment of foreclosure and sale.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the plaintiff met its burden of establishing personal jurisdiction over the appellant by a preponderance of the evidence at the hearing (see R.P. Cautela Realty v. McDonald, 239 A.D.2d 481, 658 N.Y.S.2d 954). The Supreme Court properly concluded that the discrepancy between the appellant's actual age and the approximation thereof made by the process server at the time of service was insufficient to disprove personal service (see R.P. Cautela Realty v. McDonald, supra; Skyline Agency v. Coppotelli, Inc., 117 A.D.2d 135, 502 N.Y.S.2d 479; cf. Warney v. Haddad, 194 A.D.2d 478, 599 N.Y.S.2d 286).

The appellant's remaining contention is without merit.

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