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MATTER OF FARACE v. STATE

176 A.D.2d 1228 (1991)

In the Matter of Peter Farace, as Limited Administrator of The Estate of John Farace, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 75154.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 4, 1991

Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Defendant's motion to dismiss the complaint for failure to comply with CPLR 3012-a should have been denied.

CPLR 3012-a requires that a complaint be accompanied by a certificate of merit in any action for medical, dental, or podiatric malpractice. Claimant seeks to recover for the personal injuries and wrongful death of decedent which occurred while...

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