| Ekbatani v Rockefeller Ctr. Props. |
| 2006 NY Slip Op 05208 [30 AD3d 347] |
| June 29, 2006 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Glayol Ekbatani, Appellant, v Rockefeller Center Properties, Defendant, and Rockefeller Center Ice Skating Rink, Respondent. |
—[*1]Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about April 4, 2005, which granted the motion on behalf of defendant Rockefeller Center Ice Skating Rink to dismiss the complaint and denied plaintiff's cross motion to extend the time for service, unanimously affirmed, without costs.
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 [2005]; Yardeni v Manhattan Eye, Ear & Throat Hosp., 9 AD3d 296 [2004], lv denied 4 NY3d 704 [2005]). Concur—Buckley, P.J., Sullivan, Williams, Catterson and McGuire, JJ.