AHMED v. PASTERNACK TILKER ZIEGLER WALSH STANTON ROMANO LLP (2025)

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

Sharafaldin AHMED, Plaintiff–Appellant, v. PASTERNACK, TILKER, ZIEGLER, WALSH, STANTON & ROMANO LLP, Defendant–Respondent.

4121

Decided: April 15, 2025

Kern, J.P., Gesmer, Mendez, O'Neill Levy, Michael, JJ.

Sharafaldin Ahmed, appellant pro se. Rivkin Radler LLP, Uniondale (Merril Biscone of counsel), for respondent.

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered July 24, 2023, which, to the extent appealed from as limited by the briefs, granted defendant's motion to dismiss the complaint pursuant to CPLR 3012(b), unanimously affirmed, without costs.

The court properly dismissed the complaint, without prejudice, based on plaintiff's failure to serve defendant with the complaint within 20 days after the service of a notice of appearance and demand for a complaint pursuant to CPLR 3012(b), and his failure to provide a reasonable excuse for the delay (see Elkaim v. Lotte N.Y. Palace Hotel, 193 A.D.3d 566, 567, 142 N.Y.S.3d 804 [1st Dept. 2021]). The record shows that defendant served plaintiff with a notice of appearance and demand for a complaint on August 30, 2022, and that plaintiff served defendant with the summons and complaint on February 13, 2023, almost five months after the mandated time period. Plaintiff did not provide any explanation for the delay. Plaintiff's status as a pro se litigant did not provide him with greater rights than other litigants (see Tao Liu v. Sobin Chang, 227 A.D.3d 410, 411, 208 N.Y.S.3d 191 [1st Dept. 2024]).

We have considered the plaintiff's remaining arguments and find them unavailing.

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