On November 8, 2021, Justice Masley of the New York County Commercial Division issued a decision in Partridge v. Authentic Brands Group, 2021 NY Slip Op. 32219(U), holding that an LLC may not be served by serving its receptionist, explaining:
Defendant contends that it is a limited liability company. Service upon a limited liability company is to be made to (i) any member of the limited liability company in this state, if the management of the limited liability company is vested in its members, (ii) any manager of the limited liability company in this state, if the management of the limited liability company is vested in one or more managers, (iii) to any other agent authorized by appointment to receive process, or (iv) to any other person designated by the limited liability company to receive process.
Here, service was attempted upon Daria Szaroleta/Receptionist on January 6, 2021. Defendant challenges service as improper since it is organized as a limited liability company. Defendant denies that Szaroleta is an authorized agent to receive process of service, as she is not a manager, and is not a member of the LLC. laintiff does not challenge defendant’s corporate structure. Rather, plaintiff objects to defendant’s failure to offer a statement from Szaroleta.
Service upon an LLC is ineffective by serving a front desk receptionist. Therefore, the court cannot exercise jurisdiction over defendant.
(Internal quotations and citations omitted).