Legal Opinion

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

Appellate Division of the Supreme Court of the State of New York

Decided August 12, 2002Published

1Opinion 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.

2Cases cited4 opinions

  1. Lakeside Concrete Corp. v. Pine Hollow Building Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Lakeside Concrete Corp. v. Pine Hollow Building Corp.New York Court of Appeals · 1985
  3. Monport v. LarsonAppellate Division of the Supreme Court of the State of New York · 1999
  4. Jubilee, Inc. v. Haslacha, Inc.Appellate Division of the Supreme Court of the State of New York · 2000