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JACOBY v. VELOSO

141 Misc.2d 958 (1988)

Betty Jacoby et al., Plaintiffs, v. Manuel A. Veloso, Defendant.

Supreme Court, Richmond County.

November 23, 1988

Attorney(s) appearing for the Case

Amabile & Erman for defendant. Grae & Rybicki for plaintiffs.

EDWARD J. AMANN, JR., J.

In the present motion the defendant seeks an order dismissing the instant complaint for a failure to comply with CPLR 3012-a.

The plaintiffs, in opposition to the motion, argue: (1) that they had requested Betty Jacoby's medical records and that pursuant to CPLR 3012-a (d) — they need not provide a certificate of merit until 90 days after the records have been provided...

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