Key Takeaway
Appeals court overturns lower court's ruling on proper service, dismissing complaint after finding witness testimony demonstrably false in sewer service case.
Proper service of legal documents is a fundamental requirement in civil litigation. When defendants claim they were never properly served with court papers — a situation sometimes referred to as “sewer service” — courts must carefully examine the evidence to determine whether valid service actually occurred. This case from the Second Department demonstrates how appellate courts scrutinize service issues and apply the legal principle that false testimony from one witness can undermine their entire credibility.
The dispute centered on whether the defendant was properly served with process. While trial courts typically have the advantage of observing witness credibility firsthand, appellate courts will overturn those findings when the evidence clearly demonstrates that a witness provided false testimony. This reflects the broader challenges in service of process procedures where conflicting testimony about service attempts can create credibility battles.
Jason Tenenbaum’s Analysis:
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)“
Key Takeaway
The Second Department applied the Latin maxim “falsus in uno falsus in omnibus” (false in one thing, false in everything) to overturn a trial court’s service determination. When a witness provides demonstrably false testimony on one point, courts may choose to disbelieve their entire testimony, even in procedural matters where credibility is crucial.
