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Chemical Bank v. Miller

Appellate Division of the Supreme Court of New York, First Department
Feb 17, 2000
269 A.D.2d 220 (N.Y. App. Div. 2000)

Opinion

February 17, 2000

Order, Supreme Court, New York County (Emily Goodman, J.), entered on or about January 5, 1999, denying plaintiff's motion for summary judgment dismissing defendant's affirmative defense that the action was not timely commenced and dismissing the complaint as time-barred, unanimously affirmed, without costs.

Arthur Winston, for plaintiff-appellant.

Robert J. Mastrogiacomo, for defendant-respondent.

TOM, J.P., WALLACH, RUBIN, ANDRIAS, JJ.


The instant action, commenced beyond the expiration of the applicable statutory period, was properly dismissed as time-barred. Contrary to plaintiff's argument, its action is not rendered timely by former CPLR 306-b(b) since that provision was no longer in effect at the time plaintiff commenced the action. Plaintiff had no vested right to the privilege afforded by formerCPLR 306-b(b).

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

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Chemical Bank v. Miller

Appellate Division of the Supreme Court of New York, First Department
Feb 17, 2000
269 A.D.2d 220 (N.Y. App. Div. 2000)
Case details for

Chemical Bank v. Miller

Case Details

Full title:CHEMICAL BANK, Plaintiff-Appellant, v. MARILYN MILLER, Defendant-Respondent

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

Date published: Feb 17, 2000

Citations

269 A.D.2d 220 (N.Y. App. Div. 2000)
702 N.Y.S.2d 816

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