Bank v Holt, 2014 NY Slip Op 00344 (2d Dept. 2014)
Traverse sustained on appeal and complaint dismissed.
“Although, as a general matter, we do not lightly disturb findings that are based upon conflicting evidence and implicate the credibility of witnesses, the evidence adduced at the hearing [*2]warrants a reversal of the Supreme Court’s determination that process was properly effected upon Holt …. Where a witness has given testimony that is demonstrably false, we may, in accordance with the maxim falsus in uno falsus in omnibus, choose to discredit or disbelieve other testimony given by that witness (see DiPalma v State of New York, 90 AD3d 1659, 1660; Accardi v City of New York, 121 AD2d 489, 490-491; see generally People v Becker, 215 NY 126, 144)”
