Opinion
November 30, 2000.
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.
Raymond E. Kerno, for plaintiffs-appellants.
Barbara Emmanuel Pershay, for defendant-respondent.
Before: Williams, J.P., Tom, Mazzarelli, Rubin, Saxe, JJ.
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service after January 1, 1998, they have a vested right in the 120-day grace period provided in former CPLR 306-b(b), repealed as of January 1, 1998 and applicable to all actions commenced on or after January 1, 1998 (L 1997, c 476, § 1; see, Chemical Bank v. Miller, 269 A.D.2d 220).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.