Opinion
Argued December 16, 1999
February 10, 2000
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated January 6, 1999, which denied his motion pursuant to CPLR 306-b and 214 N.Y.CPLR to dismiss the complaint.
Frank V. Merlino (Sweetbaum Sweetbaum, Lake Success, N Y [Marshall D. Sweetbaum] of counsel), for appellant.
Donna R. Newman, New York, N.Y., for respondents.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, SONDRA MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the defendant's contention, the current version ofCPLR 306-b, which became effective on January 1, 1998 (L 1997, ch 476, § 2), may not be applied retroactively (see,Ulster Heights Property v. Assessor of Town of Orangetown, 261 A.D.2d 478 ; Connor v. Deas, 255 A.D.2d 287 ).
BRACKEN, J.P., SANTUCCI, THOMPSON, and S. MILLER, JJ., concur.