Opinion
2001-07756
Argued June 6, 2002
August 12, 2002
In an action, inter alia, for a judgment declaring that the plaintiff tenant is in compliance with the terms of a lease, the defendant landlord appeals from an order of the Supreme Court, Kings County (Roache, J.H.O.), dated January 10, 2001, which, upon a reference to hear and determine the validity of service upon the defendant, and after a hearing, determined that service of the order to show cause seeking a Yellowstone injunction was proper.
Tenenbaum Dunbar Saltiel Berger LLP, Brooklyn, N.Y. (David M. Berger of counsel), for appellant.
Guralnick Sandercock, LLP, New York, N.Y. (Margaret B. Sandercock of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, STEPHEN G. CRANE, JJ.
ORDERED that the order is reversed, on the law, with costs, and the complaint is dismissed for lack of personal jurisdiction.
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 A.D.2d 262; cf. CPLR 311[a][1]; Lakeside Concrete Corp. v. Pine Hollow Bldg. Corp., 104 A.D.2d 551, 552, affd 65 N.Y.2d 865; see also Jubilee, Inc. v. Haslacha, Inc., 270 A.D.2d 34).
FLORIO, J.P., FRIEDMANN, H. MILLER and CRANE, JJ., concur.