Ung 3 Realty, LLC v Passerine LLC
- Eric Pitter
- Dec 2, 2025
- 1 min read
🚨 L&T Practitioners - Alert: Service on LLC Tenants in Summary Proceedings Now Uncertain
A new Civil Court decision — Ung 3 Realty, LLC v Passerine LLC, 2025 NY Slip Op 25251 (Civ Ct, NY County, Nov. 21, 2025) — raises a significant issue for commercial landlord-tenant practitioners.
The Court held that RPAPL 735 service does not apply to LLCs, because LLCs are not among the entities listed in the statute. Since the respondent was served only under RPAPL 735(1), the Court found service improper and dismissed the case, granting summary judgment to the LLC.
Key Point:
Until the legislature amends RPAPL 735 or appellate courts address the issue, traditional “leave-and-mail” service under RPAPL 735 may be insufficient in commercial cases involving LLC tenants.
Practical Takeaway:
If your respondent is an LLC, serve through the Secretary of State or a member/manager. Do not rely solely on RPAPL 735 (or do both).
This ruling has the potential to disrupt routine service practices in commercial summary proceedings. Practitioners should review their procedures immediately and monitor for appellate guidance.
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