Respondent takes issue with various demands of the Demand for Documents and Information
which will be discussed later in this decision.
Sufficiency of Service Pursuant to RPAPL Section 735
The facts demonstrate that the process server attempted service on Saturday, January 19,
2019 at 10:07 a.m. The second attempt was on Tuesday, January 22, 2019 at 7:49 a.m., and the
third attempt was on Thursday, January 24, 2019 at 6:51 p.m. The Affidavit of Service states that
Respondent was also served by first class mail and certified mail on January 25, 2019. This [*8]court rules that Respondent was properly served by nail and mail
service under the reasonable application standard of RPAPL Section 735. In Martine Associates LLC v. Minck, 5
Misc 3d 61, 785 NYS2d 648 (Sup Ct, App Term 9th & 10th Jud Dists), the Court
stated that the following satisfies the reasonable standard pursuant to RPAPL Section 735:
"As a rule, at least two attempts at personal service, one during normal working
hours and one attempt when a person working normal hours could reasonably be expected to be
home, are required to satisfy the 'reasonable application' standard (RPAPL 735[1]; see Eight
Assoc. v. Hynes, 102 AD2d 746, 748, 476 N.Y.S.2d 881 [1984]; affd. 65 NY2d 739,
740, 492 N.Y.S.2d 15, 481 N.E.2d 555 [1985]; Hynes v. Buchbinder, 147 AD2d 371, 537
N.Y.S.2d 537 [1989])."
The above standard has been satisfied by the
service completed in the case at bar.
In Parkchester Apartments Co. v. Hawkins, 111 Misc 2d 896, 447 NYS2d 194 (Sup
Ct, App Term 1st Dept [1981]) the Court sustained service pursuant to RPAPL Section 735
where service was attempted at approximately 7:35 a.m., followed by the required mailings. In
sustaining service, the Appellate Term held that: