Colonial National Bank, U.S.A. v. Jacobs

OPINION OF THE COURT

Lucy Billings, J.

Based on the evidence adduced at the traverse hearing and *88the parties’ arguments in this breach of contract action, the Court makes the following findings and conclusions.

I. Findings of Fact

On three successive weekdays, October 1-3, 1996, plaintiffs process server attempted to serve the summons and complaint at defendant’s residence, apartment 3A, 207 East 74th Street, New York County, once before 8:00 a.m. and twice after 6:00 p.m. On each occasion the building doorman, who denied the process server access beyond the inner lobby door, telephoned…