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EKBATANI v. ROCKEFELLER CENTER PROPERTIES

Appellate Division of the Supreme Court of New York, First Department.
Jun 29, 2006

Plaintiff failed to serve defendants within the required 120-day period (CPLR 306-b). In view of such lack of diligence and the long delay in notifying defendants of this action, an extension of time to serve was unwarranted, and dismissal was appropriate ( Slate v. Schiavone Constr. Co., 4 NY3d 816; Yardeni v. Manhattan Eye, Ear Throat Hosp., 9 AD3d 296, lv denied 4 NY3d 704).