Legal Opinion
Daved Fire Systems Inc. v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 2007PublishedCited by 4 opinions
1Opinion of the Court
*365Order, Supreme Court, New York County (Karla Moskowitz, J.), entered May 26, 2006, which granted defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint, unanimously affirmed, with costs.
In a 2004 action, plaintiff sought damages arising out of defendant’s alleged breach of an agreement involving the latter’s service of a termination letter, dated November 13, 2002. In May 2005 that action was dismissed based on a contractual statute of limitations, such that the dismissal was on the merits (see Smith v Russell Sage Coll., 54 NY2d 185, 194 [1981]; Marinelli Assoc. v…
2Cases cited3 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
- Marinelli Associates v. Helmsley-Noyes Co.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by4 opinions
- Joseph v. AthanasopoulosCourt of Appeals for the Second Circuit · 2011
- Newman v. KrintzmanCourt of Appeals for the First Circuit · 2013
- Anderson v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2012
- Joseph v. HDMJCourt of Appeals for the Second Circuit · 2011