Ordered that the order is affirmed, with costs.
The plaintiffs' prior action against the appellant was dismissed for failure to effect proper service. The plaintiffs thereafter commenced the instant action under the provisions of CPLR former 306-b (b) (L 1992, ch 216, § 7). However, when the instant action was commenced, the three-year Statute of Limitations (see, CPLR 214) had run. Nevertheless, we reject the appellant's contention that the instant action...
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