Jarvis v. Nation of Islam

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service after January 1, 1998, they have a vested right in the 120-day grace period provided in CPLR former 306-b (b), repealed as of January 1, 1998 and applicable to all actions commenced on or after January 1, 1998 (L 1997, ch 476, § 1; see, Chemical Bank v Miller, 269 AD2d 220).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