December 30, 2009

Motion practice.

Practice point: In a medical malpractice action, service of the summons and complaint must be accompanied by the notice required by CPLR 3406, and by an attorney's certificate of merit, pursuant to CPLR 3012-a.

Practitioners should note that the court may extend the time to file the notice, upon the showing of good cause, pursuant to CPLR 2004.

Case: Grad v. Hafliger, NY Slip Op 09297 (1st Dept. 2009)

The opinion is here.

Tomorrow’s issue: Labor Law.