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2d Dept: LLC Must Be Represented in Court By Attorney

Michael Reilly Design, Inc. v Houraney (2007 NY Slip Op 03890)


An LLC, like a corporation or voluntary association, is created to shield its members from liability and once formed is a legal entity distinct from its members (see Tierra West Apts., LLC v Bobadilla, NYLJ, Apr. 21, 1999, at 27 [Civ Ct, New York County]; Monte Carlo, LLC, v Yorro, NYLJ, May 7, 2003, at 25 [Dist Ct, Nassau County]). Accordingly, like a corporation or a voluntary association, the LLC may only be represented by an attorney and not by one of its members who is not an attorney admitted to practice in the State of New York (id.; see also Limited Liability Companies: Tax and Business Law, Chapter 5, Paragraph 5.05[1][e]; Ribstein and Keatinge on Limited Liability Companies, Chapter 3).


For commentary see: New York Legal Update (Tom Swartz)

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