237 EAST 20 LLC v. SD SECOND AVENUE PROPERTY LLC (2026)

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about October 7, 2024, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for a default judgment against defendant Silverback Acquisitions and Development LLC d/b/a Silverback Development, unanimously affirmed, without costs.

Supreme Court properly denied plaintiff's motion for a default judgment, finding that plaintiff did not establish that it provided Silverback with an additional service of the summons by first class mail at defendant's last known address at least 20 days before entry of judgment, as mandated by CPLR 3215(g)(4) (see Wonder Works Constr. Corp. v. RCDolner, LLC, 44 A.D.3d 526, 526, 843 N.Y.S.2d 504 [1st Dept. 2007];  Crespo v. A.D.A. Mgt., 292 A.D.2d 5, 7, 739 N.Y.S.2d 49 [1st Dept. 2002];  but see Gershman v. Ahmad, 131 A.D.3d 1104, 1105, 16 N.Y.S.3d 836 [2d Dept. 2015]).  Contrary to plaintiff's contention, the fact that defendant is an LLC, as opposed to a corporation, does not render CPLR 3215(g)(4) inapplicable (see Crespo, 292 A.D.2d at 7, 739 N.Y.S.2d 49).  Public policy, and our case law dictates, that the added layer of notice provided by CPLR 3215(g)(4) applies equally to both corporations and LLCs.