CHEMICAL BANK v. MILLER


269 A.D.2d 220 (2000)

702 N.Y.S.2d 816

CHEMICAL BANK, Appellant, v. MARILYN MILLER, Respondent.

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

Decided February 15, 2000.


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 Contrary to plaintiff's argument, its action is not rendered timely by CPLR former 306-b (b) since that provision was no longer in effect at the time plaintiff commenced the action.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 CPLR former 306-b (b).

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

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