PALMER v. BAREK


170 A.D.2d 356 (1991)

Steven Palmer, Appellant, v. Dennis Barek, Respondent

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

February 21, 1991


In this medical malpractice action, plaintiff's failure in these circumstances to submit an affidavit of merit in opposition to defendant's CPLR 3012 motion to dismiss mandates dismissal of the action as a matter of law (see, Kel Mgt. Corp. v Rogers & Wells, 64 N.Y.2d 904). Plaintiff's contrary arguments are...

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