Scharmann's Inc. v. 388 West Broadway

Full title: SCHARMANN'S INC., Appellant, v. 388 WEST BROADWAY, L. L. C., Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 2, 1999

258 A.D.2d 262 (N.Y. App. Div. 1999)

685 N.Y.S.2d 33

Opinion

February 2, 1999

Appeal from the Supreme Court, New York County (Edward Lehner, J.).

The motion was properly denied on the ground that plaintiff served the order to show cause not on defendant landlord personally, as the court specifically directed, but on the managing agent of the building in which the leased premises are located. "The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with". ( Matter of Zambelli v. Dillon, 242 A.D.2d 353.) Defendant's proper address was specified in a document attached to the notice of default. We also note defendant's status as a limited liability company and the impropriety of the service made under Limited Liability Company Law § 303.

Concur — Ellerin, J. P., Williams, Wallach and Tom, JJ.