McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.

— Order, Supreme Court, New York County (Orlando, J.), entered September 18, 1981, denying defendant’s motion to amend its answer to plead that the action is time barred and for summary judgment dismissing the complaint, unanimously reversed, on the law, the motion granted and the complaint dismissed, without costs. Pursuant to written contract, in January, 1977 plaintiff was retained by defendant to act as a collection agent for delinquent out-patient accounts. In pertinent part, this contract provided that “[h]o action shall lie * * * upon any claim based upon this contract * * * unless…