New York 555 LLC v. 1055 Park Ave PH LLC et al.

Background

New York 555 LLC filed a letter stating that the summons, complaint, notice of pendency, exhibits, and notices were with a process server for service. The plaintiff requested an extension under Federal Rule of Civil Procedure 4(m), explaining that a bankruptcy stay prevented it from serving the defendants from March 9, 2025, through September 10, 2025.

The opinion states that the commercial foreclosure was filed on March 4, 2025, and that the complaint was filed and the summons issued on March 5, 2025. On March 9, 2025, the mortgagor’s member filed for bankruptcy, triggering an automatic stay that prevented service. The stay was lifted on September 10, 2025.

Rule and Analysis

Rule 4(m) generally gives a plaintiff 90 days to serve a defendant after filing the complaint. If service is not completed within that period, the court must either dismiss the action without prejudice against that defendant or order service within a specified time. When the plaintiff shows good cause for the failure, the court must extend the service period for an appropriate amount of time.

The court found good cause because service was impracticable while the bankruptcy stay was in effect. It also found no suggestion of delay or gamesmanship: the plaintiff acted relatively promptly after the stay was lifted, retained a process server, and was awaiting confirmation of service. The court stated that Rule 4(m) does not require a party to do the impossible.

Disposition

Judge Katharine H. Parker granted New York 555 LLC’s request for an extension of time to serve the defendants. The court extended the service deadline to November 21, 2025. The order addressed service timing and did not resolve the underlying commercial foreclosure claims.