Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this medical malpractice action, the court erred in granting plaintiffs' motion for permission to make late service of a certificate of merit and in denying defendants' cross motions to dismiss for plaintiffs' failure to serve the certificate of merit with the complaint (see, CPLR 3012-a). As we have recently held, the failure to serve a certificate...
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