Jarvis v. Nation of Islam

Appellate Division of the Supreme Court of New York

Jarvis v. Nation of Islam

277 A.D.2d 178, 717 N.Y.S.2d 65, 2000 N.Y. App. Div. LEXIS 12412

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 30, 2000

StatusPublished

This text of 277 A.D.2d 178 (Jarvis v. Nation of Islam) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jarvis v. Nation of Islam, 277 A.D.2d 178, 717 N.Y.S.2d 65, 2000 N.Y. App. Div. LEXIS 12412 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered May 24, 1999, which, in an action for assault and negligence, insofar as appealed from as limited by the briefs, granted defendant-respondent’s motion to dismiss the complaint, unanimously affirmed, without costs.

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service after January 1, 1998, they have a vested right in the 120-day grace period provided in CPLR former 306-b (b), repealed as of January 1, 1998 and applicable to all actions commenced on or after January 1, 1998 (L 1997, ch 476, § 1; see, Chemical Bank v Miller, 269 AD2d 220). Concur — Williams, J. P., Tom, Mazzarelli, Rubin and Saxe, JJ.

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—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered May 24, 1999, which, in an action for assault and negligence, insofar as appealed from as limited by the briefs, granted defendant-respondent’s motion to dismiss the complaint, unanimously affirmed, without costs.

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service after January 1, 1998, they have a vested right in the 120-day grace period provided in CPLR former 306-b (b), repealed as of January 1, 1998 and applicable to all actions commenced on or after January 1, 1998 (L 1997, ch 476, § 1; see, Chemical Bank v Miller, 269 AD2d 220). Concur — Williams, J. P., Tom, Mazzarelli, Rubin and Saxe, JJ.

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Bluebook (online)

277 A.D.2d 178, 717 N.Y.S.2d 65, 2000 N.Y. App. Div. LEXIS 12412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jarvis-v-nation-of-islam-nyappdiv-2000.

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