Bronx, NY asked in Civil Litigation for New York

Q: In NYS does an Order to Show Cause on an LLC have to be served through the NYS Dept. of State?

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1 Lawyer Answer
Matthew Parham
Matthew Parham
  • Buffalo, NY
  • Licensed in New York

A: Not necessarily. Often the OTSC will itself say how it is to be served and if you are preparing one it would behoove you to specify a preferred manner of service. Otherwise, if the OTSC is not an initiating paper in the lawsuit but a subsequent paper then it should be served on counsel and can be mailed. If it is an initiating paper, generally under CPLR 311-A an LLC can be served with initiating papers by personally serving any of its members (if managed by its members) or managers (if managed by its managers), or on a registered agent, or on the Secretary of State under the LLC Law.

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