Appellate Division of the Supreme Court of New York, 2002

Tommy G. Products, Inc. v. Meserole Avenue LLC

Tommy G. Products, Inc. v. Meserole Avenue LLC
Appellate Division of the Supreme Court of New York · Decided August 12, 2002
297 A.D.2d 319; 746 N.Y.2d 268; 746 N.Y.S.2d 268; 2002 N.Y. App. Div. LEXIS 7941
Tommy G. Products, Inc. v. Meserole Avenue LLC

Opinion of the Court

The Judicial Hearing Officer erred in finding that service was proper since the order to show cause was not served in accordance with the court’s directive that it be personally served upon the “defendant corporation,” in fact a limited liability company (see CPLR 311-a; Limited Liability Company Law § 303; Scharmann’s Inc. v 388 W. Broadway, 258 AD2d 262; cf. *320CPLR 311 [a] [1]; Lakeside Concrete Corp. v Pine Hollow Bldg. Corp., 104 AD2d 551, 552, affd 65 NY2d 865; see also Jubilee, Inc. v Haslacha, Inc., 270 AD2d 34). Florio, J.P., Friedmann, H. Miller and Crane, JJ., concur.

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