Gold v. Noori

Full title: LISA D. GOLD, Appellant, v. MOHAMMED NOORI et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 13, 1999

261 A.D.2d 208 (N.Y. App. Div. 1999)

690 N.Y.S.2d 37

Opinion

May 13, 1999

Appeal from the Supreme Court, New York County (Salvador Collazo, J.).

Plaintiff concedes that she did not purchase a second index number and did not effect service within 120 days as required by CPLR former 306-b N.Y.CPLR. Contrary to her contentions, the revised version of the statute may not be applied retroactively to this case and the court was without authority to extend the timeperiods provided in the former statute (see, Reid v. Presbyterian Hosp., 254 A.D.2d 139; Floyd v. Salamon Bros., 249 A.D.2d 139; see also, Connor v. Deas, 255 A.D.2d 287).

Concur — Sullivan, J. P., Nardelli, Wallach, Andrias and Saxe, JJ.