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KOPPEL v. SMITH

147 Misc.2d 1039 (1990)

Zoltan I. Koppel, Plaintiff, v. Richard S. Smith, Defendant.

Supreme Court, Herkimer County.

June 27, 1990

Attorney(s) appearing for the Case

Maynard, O'Connor & Smith (Brendan F. Baynes of counsel), for defendant. O'Donnell & O'Donnell (Philip D. O'Donnell, Sr., of counsel), for plaintiff.

WALLACE VAN C. AUSER, J.

The defendant, Richard S. Smith, M.D., moves this court for an order granting him summary judgment. The defendant seeks this order on the grounds that the plaintiff, Zoltan I. Koppel, failed to serve a certificate of merit as required by CPLR 3012-a. The defendant also alleges that the plaintiff has likewise failed to file the required notice of medical malpractice.

This medical malpractice action was commenced by the...

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