Braverman Greenspun partner Mitchell Zingman recently authored an article for the New York Law Journal examining a New York Civil Court decision that could significantly alter how landlords serve limited liability companies in summary proceedings. The piece focuses on Ung 3 Realty, LLC v. Passerine LLC, in which the court held that RPAPL 735 does not permit substituted service on an LLC because the statute does not expressly include limited liability companies among the entities it covers.
In the article, Mitchell explains how the court rejected the long-standing practice of relying on RPAPL 735’s more flexible service provisions, such as delivery to a person of suitable age and discretion at the premises, when the respondent is an LLC. Instead, the decision limits landlords to more stringent service methods, including personal service on members or managers under CPLR 311-a or service through the New York Secretary of State pursuant to the Limited Liability Company Law. Mitchell contrasts the ruling with earlier cases that interpreted RPAPL 735 more broadly and discusses the court’s reasoning that strict statutory compliance is required in summary proceedings. He also offers practical steps landlords may consider at the outset of a tenancy to mitigate potential service issues going forward.
Read the full article here.