Practice point: A court may dismiss an action for want of prosecution after defendant has served plaintiff with an unheeded 90-day notice, absent a showing of justifiable excuse for the delay and a good and meritorious cause of action, pursuant to CPLR 3216(e).
Practitioners should note that a certificate of merit filed by plaintiff's counsel is not a valid substitute for a medical expert's affidavit.
Case: Smith v. Montefiore Med. Ctr., NY Slip Op 01835 (1st Dept. 2009)
The opinion is here.
Tomorrow's issue: Motion practice.
