Bank v Holt, 2014 NY Slip Op 00344 [2nd Dept. 2014]
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 warrants a reversal of the Supreme Court's determination that process was properly effected upon Holt (see Matter of Chemical Bank v Davis, 133 AD2d 756; Aronauer v Ohl, 80 AD2d 592). Here, there was evidence that, of the five people whom the process server had allegedly contacted on various dates at the premises owned by Holt, one had moved out of the premises prior to the time in question, three had been earlier evicted, and one established through documentary evidence that he was physically in Atlanta, Georgia, on business when the process server claimed the witness was in Queens. 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). Under the circumstances presented here, we conclude that the process server's testimony with respect to the affix-and-mail service allegedly effected upon Holt in Westbury should not be credited or believed.
Emphasis mine.
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