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DARBEAU v. 136 WEST 3RD STREET, LLC

2099N, 2098.

144 A.D.3d 420 (2016)

2016 NY Slip Op 07132

41 N.Y.S.3d 17

MYIKA DARBEAU, Appellant, v. 136 WEST 3RD STREET, LLC, et al., Respondents.

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

Decided November 1, 2016.

Service upon the LLC was complete upon service to the Secretary of State (see Limited Liability Company Law § 303 [a]). Moreover, because the LLC's motion papers indicate that it chose to seek vacatur pursuant to CPLR 317 and 5015 (a) (1), which presume jurisdiction, and not CPLR 5015 (a) (4), it is precluded from arguing that any deficiency in service constituted a lack of jurisdiction (Caba v Rai, 63 A.D.3d 578, 580...

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