JARVIS v. Mosque Number 7 of the Nation of Islam, Defendant-Respondent. (2000)

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

Wendy JARVIS, et al., Plaintiffs-Appellants, v. The NATION OF ISLAM, et al., Defendants, Mosque Number 7 of the Nation of Islam, Defendant-Respondent.

Decided: November 30, 2000

WILLIAMS, J.P., TOM, MAZZARELLI, RUBIN and SAXE, JJ.

Raymond E. Kerno, for Plaintiffs-Appellants. Barbara Emmanuel Pershay, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered May 24, 1999, which, in an action for assault and negligence, insofar as appealed from as limited by the briefs, granted defendant-respondent's motion to dismiss the complaint, unanimously affirmed, without costs.

The action, commenced February 1998 and based on a physical altercation that occurred in January 1994, is time-barred. We reject plaintiffs' claim that, since a prior action based on the same events was commenced prior to January 1, 1998 and dismissed for improper service after January 1, 1998, they have a vested right in the 120 day grace period provided in former CPLR 306-b(b), repealed as of January 1, 1998 and applicable to all actions commenced on or after January 1, 1998 (L. 1997, c. 476, § 1; see, Chemical Bank v. Miller, 269 A.D.2d 220, 702 N.Y.S.2d 816).

MEMORANDUM DECISION.

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