Landlord LLC in Noncompliance with Limited Liability Law Publication Requirements

LVT Number: #33421

Landlord sued to evict tenant. Tenant asked the court to dismiss the case because landlord, a limited liability company (LLC), didn't publish its articles of organization and therefore didn't comply with Limited Liability Company Law Section 206(a). Landlord admitted noncompliance but claimed the violation was curable and dismissal wasn't warranted. The court ruled for tenant. Landlord lacked capacity when it started the case, and the defect wasn't curable.

Landlord sued to evict tenant. Tenant asked the court to dismiss the case because landlord, a limited liability company (LLC), didn't publish its articles of organization and therefore didn't comply with Limited Liability Company Law Section 206(a). Landlord admitted noncompliance but claimed the violation was curable and dismissal wasn't warranted. The court ruled for tenant. Landlord lacked capacity when it started the case, and the defect wasn't curable. And landlord didn't sufficiently show that it was in the process of curing the defect despite being on notice. 

Hull Unique Equities LLC v. Boone: Index No. LT-334433-23, 2024 NY Slip Op 51311(U), 83 Misc.3d 1297(A)(Civ. Ct. Kings; 9/13/24; Rumprecht-Behrens, J)