Yudelka Martinez v. Dubai Lounge & Restaurant LLC, et al.

Summary

The United States District Court for the Southern District of New York ordered Plaintiff Yudelka Martinez to re-serve Defendant Dubai Lounge & Restaurant LLC with the Summons, Complaint, and the Order. The court found that the process server’s affidavit did not identify which documents were delivered and required proof of proper personal service on an authorized company representative by December 23, 2025.

Holdings

1. The affidavit of service was insufficient to establish proper service because it did not specify which summons and complaint were delivered to the registered agent of the Secretary of State.
2. Plaintiff was required to serve the summons, complaint, and order by personally delivering them to a person authorized to accept service on behalf of Dubai Lounge & Restaurant LLC and to file proof describing the recipient and the basis for believing the recipient was qualified to accept service.

Questions Presented

1. Whether the process server's affidavit established that Defendant Dubai Lounge & Restaurant LLC had been properly served when the affidavit did not specify which summons and complaint were delivered.
2. What remedial steps were required to eliminate doubts concerning the propriety of service.

Disposition

other