Small Step Day Care, LLC v. Broadway Bushwick Builders, L.P.

Appellate Division of the Supreme Court of New York

Small Step Day Care, LLC v. Broadway Bushwick Builders, L.P.

137 A.D.3d 1102, 26 N.Y.S.3d 872

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 23, 2016

Docket2015-01520

StatusPublished

Cited by2 cases

This text of 137 A.D.3d 1102 (Small Step Day Care, LLC v. Broadway Bushwick Builders, L.P.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Small Step Day Care, LLC v. Broadway Bushwick Builders, L.P., 137 A.D.3d 1102, 26 N.Y.S.3d 872 (N.Y. Ct. App. 2016).

Pincite

Opinion

In an action, inter alia, to recover damages for breach of a lease, the plaintiff appeals from an order of the Supreme Court, *1103 Kings County (Solomon, J.), dated June 12, 2014, which granted the defendants’ motion pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff, a limited liability company, commenced this action against the defendants, inter alia, to recover damages for breach of a lease. The defendants moved to dismiss the complaint pursuant to CPLR 3211 (a). The Supreme Court granted the motion. The plaintiff appeals, and we affirm.

Limited Liability Company Law § 206 requires limited liability companies to publish their articles of organization or comparable specified information for six successive weeks in two local newspapers designated by the clerk of the county where the limited liability company has its principal office, followed by the filing of an affidavit with the Department of State, stating that such publication has been completed (see Limited Liability Company Law § 206 [a]; Barklee Realty Co. v Pataki, 309 AD2d 310, 311 [2003]). Failure to comply with these requirements precludes a limited liability company from maintaining any action or special proceeding in New York (see Limited Liability Company Law § 206 [a]; Barklee Realty Co. v Pataki, 309 AD2d at 311). Here, as the defendants correctly contend, since the plaintiff failed to comply with the publication requirements of Limited Liability Company Law § 206, it is precluded from bringing this action (see Limited Liability Company Law § 206 [a]; Barklee Realty Co. v Pataki, 309 AD2d 310 [2003]).

The parties’ remaining contentions either are without merit or need not be reached in light of our determination.

Accordingly, the Supreme Court properly granted the defendants’ motion to dismiss the complaint (see CPLR 3211 [a] [3]).

Rivera, J.P., Hall, Cohen and Hinds-Radix, JJ., concur.

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In an action, inter alia, to recover damages for breach of a lease, the plaintiff appeals from an order of the Supreme Court, *1103 Kings County (Solomon, J.), dated June 12, 2014, which granted the defendants’ motion pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff, a limited liability company, commenced this action against the defendants, inter alia, to recover damages for breach of a lease. The defendants moved to dismiss the complaint pursuant to CPLR 3211 (a). The Supreme Court granted the motion. The plaintiff appeals, and we affirm.

Limited Liability Company Law § 206 requires limited liability companies to publish their articles of organization or comparable specified information for six successive weeks in two local newspapers designated by the clerk of the county where the limited liability company has its principal office, followed by the filing of an affidavit with the Department of State, stating that such publication has been completed (see Limited Liability Company Law § 206 [a]; Barklee Realty Co. v Pataki, 309 AD2d 310, 311 [2003]). Failure to comply with these requirements precludes a limited liability company from maintaining any action or special proceeding in New York (see Limited Liability Company Law § 206 [a]; Barklee Realty Co. v Pataki, 309 AD2d at 311). Here, as the defendants correctly contend, since the plaintiff failed to comply with the publication requirements of Limited Liability Company Law § 206, it is precluded from bringing this action (see Limited Liability Company Law § 206 [a]; Barklee Realty Co. v Pataki, 309 AD2d 310 [2003]).

The parties’ remaining contentions either are without merit or need not be reached in light of our determination.

Accordingly, the Supreme Court properly granted the defendants’ motion to dismiss the complaint (see CPLR 3211 [a] [3]).

Rivera, J.P., Hall, Cohen and Hinds-Radix, JJ., concur.

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Bluebook (online)

137 A.D.3d 1102, 26 N.Y.S.3d 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/small-step-day-care-llc-v-broadway-bushwick-builders-lp-nyappdiv-2016.

Opinion

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