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PERALTA v. CITY OF NEW YORK

Index No. 155296/18, Appeal No. 16062, Case No. 2022-00065.

206 A.D.3d 415 (2022)

167 N.Y.S.3d 398

2022 NY Slip Op 03579

Aneury Peralta, Appellant, v. City of New York, Respondent, et al., Defendants.

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

Decided June 2, 2022.

Attorney(s) appearing for the Case

Law Offices of K.C. Okoli, P.C., New York ( Kenechukwu Okoli of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jeremy Pepper of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Higgitt, JJ.

Although the motion to vacate was filed more than a year from service of the dismissal order with notice of entry (see CPLR 5015[a][1]; Posadas De Puerto Rico v Gruberman, 226 A.D.2d 249, 255 [1st Dept 1996]), even with the COVID-19 filing toll period factored in, the delay was excusable given that law office failure and inadvertence warranted corrections to the motion and its recalendaring (see generally Kasumu v City...

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