Salamon v. Charney

—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered July 14, 1999, which denied defendants’ motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

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…