The Second Department determined the plaintiff limited liability company's failure to comply with the publication requirement of Limited Liability Company Law 2016[a] precluded the company from bringing the action:
Limited Liability Company Law § 206 requires limited liability companies to publish their articles of organization or comparable specified information for six successive weeks in two local newspapers designated by the clerk of the county where the limited liability company has its principal office, followed by the filing of an affidavit with the Department of State, stating that such publication has been completed … . Failure to comply with these requirements precludes a limited liability company from maintaining any action or special proceeding in New York … . Here, as the defendants correctly contend, since the plaintiff failed to comply with the publication requirements of Limited Liability Company Law § 206, it is precluded from bringing this action … . Small Step Day Care, LLC v Broadway Bushwick Bldrs., L.P., 2016 NY Slip Op 02071, 2nd Dept 3-23-16
LIMITWED LIABILITY COMPANY LAW (LIMITED LIABILITY COMPANY WHICH DID NOT COMPLY WITH STATUTORY PUBLICATION REQUIREMENT CANNOT BRING A COURT ACTION)/PUBLICATION REQUIREMENT (LIMITED LIABILITY COMPANY WHICH DID NOT COMPLY WITH STATUTORY PUBLICATION REQUIREMENT CANNOT BRING A COURT ACTION)