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JARVIS v. NATION OF ISLAM

277 A.D.2d 178 (2000)

717 N.Y.S.2d 65

WENDY JARVIS et al., Appellants, v. NATION OF ISLAM et al., Defendants, and MOSQUE NUMBER 7 OF THE NATION OF ISLAM, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 30, 2000.

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service after January 1, 1998, they have a vested right in the 120-day grace period provided in CPLR former 306-b (b), repealed as of January 1, 1998 and applicable to all actions commenced on or after January 1...

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