On November 18, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Brownell v. JSD Fund II, LLC, 2024 NY Slip Op. 34093(U), entering a default judgment against an LLC that attempted to appear pro se, explaining:
The plaintiff, Thomas H. Brownell, seeks to recover monies allegedly due upon a 2018 promissory note signed by defendant Richard Harris as manager of defendant JSD Fund II, LLC. Harris filed an answer prose on August 28, 2024, purportedly for himself and on behalf of JSD. Brownell now moves pursuant to CPLR 3215 for leave to enter a default judgment against both defendants. . . .
Initially, the court notes that while Harris is permitted to represent himself, he may not appear on behalf of or represent JSD, a Delaware limited liability company. A corporate entity may only appear by counsel. The failure of a corporation to appear by counsel constitutes a default, permitting entry of a default judgment against it. ln addition to the proof of JDS’s failure to answer or appear, Brownell has submitted proof of the summons and complaint on JSD and proof of the facts constituting his claim. Brownell’s proof establishes his breach of contract claim against JSD by showing: (1) the existence of a contract, (2) the plaintiff’s performance under the contract, (3) the defendant’s breach of that contract, and (4) resulting damages. Having failed to answer, JSD is deemed to have admitted all factual allegations in the complaint and all reasonable inferences that flow from them.
(Internal citations omitted).