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SALAMON v. CHARNEY

269 A.D.2d 256 (2000)

703 N.Y.S.2d 42

FRED E. SALAMON, Respondent, v. LEON CHARNEY et al., Appellants.

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

Decided February 17, 2000.

This second action to recover a broker's fee was commenced after the six-year limitations period had run and after the January 1, 1998 effective date of current CPLR 306-b. CPLR former 306-b (b) related this action back to the timely commencement of a prior action to recover such fee that was dismissed for lack of proper service after January 1, 1998 and after the limitations period had run. We note that the second action was commenced within 120 days of the dismissal of...

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