SCHARMANN INC v. 388 WEST BROADWAY LLC (1999)

Supreme Court, Appellate Division, First Department, New York.

SCHARMANN'S INC., Plaintiff-Appellant, v. 388 WEST BROADWAY, LLC, Defendant-Respondent.

Decided: February 02, 1999

ELLERIN, J.P., WILLIAMS, WALLACH and TOM, JJ.

Martin S. Rapaport, for Plaintiff-Appellant. Peter A. Axelrod, for Defendant-Respondent.

Order, Supreme Court, New York County (Edward Lehner, J.), entered July 30, 1998, which, insofar as appealed from, denied plaintiff's motion for a Yellowstone injunction, unanimously affirmed, without costs.

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, 661 N.Y.S.2d 268). 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.

MEMORANDUM DECISION.

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