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DAVED FIRE SYSTEMS INC. v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

46 A.D.3d 364 (2007)

847 N.Y.S.2d 195

DAVED FIRE SYSTEMS INC., Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 18, 2007.

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 N.Y.2d 185, 194 [1981]; Marinelli Assoc. v Helmsley-Noyes Co., 265...

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