Daniel Bermudez Lopez v. Enrique Lerma, et al.

Background

Daniel Bermudez Lopez filed the Complaint on October 27, 2025. The case concerns whether the defendants were properly served with the lawsuit papers. “Service” is the formal delivery of a summons and complaint to notify a defendant of a case and establish the court’s authority over that defendant.

A process server’s affidavit stated that Disfruting Two LLC was served by delivering the Summons and Complaint to an authorized agent of the New York Secretary of State. But the affidavit did not actually include the Summons or Complaint and did not identify which documents had been delivered.

Two other affidavits stated that Enrique Lerma and Anne O’Hare were served by delivering the Summons and Complaint to a person identified as “Mr. Roberto” at 110 Saint Mark’s Place in New York City. The affidavits did not say whether Mr. Roberto was a restaurant employee or patron. They also stated that the address was Lerma’s and O’Hare’s regular place of business, while the Complaint only alleged that Lerma and O’Hare “own, operate, or control” a restaurant there.

Court’s Analysis

The court explained that a process server’s affidavit ordinarily creates an initial showing that service occurred as described. Here, however, the affidavits left unclear whether the methods used complied with the applicable service requirements. For Disfruting Two LLC, the affidavit did not specify the Summons and Complaint delivered to the registered agent. For Lerma and O’Hare, the affidavits did not establish that Mr. Roberto was an employee who was likely to inform them about the lawsuit.

The court stated that doubts about service should be resolved, when possible, in favor of allowing disputes to be decided on their merits. To address those doubts, the court required renewed service rather than making a final determination that the defendants had or had not been properly served.

Order

The court ordered Daniel Bermudez Lopez to serve copies of the Summons, Complaint, and Order by personally delivering them to the defendants’ actual places of business or dwellings. Service on Disfruting Two LLC must be made on a person authorized to accept service for the company. If Lerma and O’Hare are served at 110 Saint Mark’s Place, the plaintiff must provide additional facts showing why that address is their place of business.

The court also required the new affidavits of service to describe the people who accept delivery in greater detail, including facts showing why it was reasonable for the process server to believe that those people were qualified to accept service for each defendant. Proof complying with the Order had to be filed on the docket no later than December 23, 2025. The opinion does not state a dismissal or other final resolution of the underlying claims.