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SHAW FUNDING, L.P. v. SAMUEL

2011-11945.

101 A.D.3d 1100 (2012)

955 N.Y.S.2d 896

2012 NY Slip Op 9042

SHAW FUNDING, L.P., Appellant, v. PERCY M. SAMUEL et al., Defendants, and MELISSA VINA JOHN et al., Respondents.

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

December 26, 2012.

Ordered that the order is affirmed, with costs.

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 A.D.3d 393 [2007]; Ahrens v Chisena, 40 A.D.3d 787 [2007]; Lattingtown Harbor Prop. Owners Assn., Inc. v Agostino, 34 A.D.3d 536...

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