126 Spruce St., LLC v. Club Cent., LLC

In 126 Spruce St., LLC v. Club Cent., LLC (15 Misc 3d 538, 830 NYS2d 506 [2007]), respondent argued that the person served was not a "managing agent" and that service was not made at the premises sought to be recovered. The court in upholding the service did not conclude that service had to be made pursuant to CPLR 311-a and not the RPAPL. Instead it used CPLR 311-a to define how to obtain personal service over the LLC so as to be personal delivery to the respondent as permitted by RPAPL 735 (1). The court did not address the issue of whether or not this was the only method by which service could be obtained over an LLC.