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ELKAIM v. LOTTE NEW YORK PALACE HOTEL

Index No. 150124/17. Appeal No. 13648. Case No. 2020-02991.

193 A.D.3d 566 (2021)

142 N.Y.S.3d 804

2021 NY Slip Op 02450

Erna de Saint George Elkaim, Appellant, v. Lotte New York Palace Hotel et al., Respondents.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

Mischel & Horn P.C., New York ( Lauren E. Bryant of counsel), for appellant.

Litchfield Cavo LLP, New York ( Nadia Del Toro of counsel), for Lotte New York Palace Hotel and Francesca Pirrone, respondents.

James E. Johnson , Corporation Counsel, New York ( Ellen Ravitch of counsel), for The City of New York, respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.

Plaintiff failed to set forth a reasonable excuse for her approximately 18-month-delay in serving her complaint (see Gear Up, Inc. v City of New York, 140 A.D.3d 515 [1st Dept 2016]; see also Trokaik Realty, Inc. v HP Yuco, HDFC, Inc., 188 A.D.3d 1281, 1282 [2d Dept 2020]). While her counsel attributed the delay to a paralegal's failure to calendar the deadline to serve the complaint before...

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