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PURCHASING AND FORECLOSING ON MORTGAGES IN NEW YORK DOES NOT CONSTITUTE “DOING BUSINESS IN NEW YORK” WITHIN THE MEANING OF THE LIMITED LIABILITY COMPANY LAW; THE LLC CANNOT SUE IN NEW YORK (FIRST DEPT).

The First Department, reversing Supreme Court, determined plaintiff limited liability company (NS194) could not sue in New York because purchasing and foreclosing on mortgages in New York does not constitute doing business in New York under the Limited Liability Company Law:

Supreme Court erred in directing plaintiff to prove NS194’s compliance with Limited Liability Company Law § 802 … . Defendants failed to rebut the presumption that NS194 was not conducting business within the state and lacked capacity to sue pursuant to Limited Liability Company Law § 802. Plaintiff’s conduct of purchasing and foreclosing on mortgages in New York does not constitute doing business in this state (see Limited Liability Company Law § 803[a][1] [“maintaining or defending any action or proceeding” is not “doing business in this state”] …). … ([S]ee Star201, LLC v Martinez, AD3d , 2026 NY Slip Op 02144, *2 [2d Dept Apr. 8, 2026] [“the mere maintenance of an action [for foreclosure] by a foreign corporation does not constitute doing business within the State”] …). Wilmington Sav. Fund Socy. v Okoronkwo, 2026 NY Slip Op 03253, First Dept 5-21-26

Practice Point: An LLC which purchases and forecloses on mortgages in New York is not “doing business in New York” and therefore cannot sue in New York.​

 

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