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DYE v. LEVE

181 A.D.2d 89 (1992)

Fay M. Dye, Respondent, v. Austin R. Leve, Appellant

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

July 14, 1992

Attorney(s) appearing for the Case

Robert J. Hirsch, P. C. (Christopher Noone of counsel), for appellant.

Richard G. Baxter for respondent.

BOOMER, J. P., PINE, BOEHM, FALLON and DAVIS, JJ., concur.

Per Curiam.

In this cause of action for medical malpractice, Supreme Court properly denied defendant's motion to dismiss based on plaintiff's failure to serve a certificate of merit as required by CPLR 3012-a, and afforded plaintiff 30 days to comply with the statute.

In addressing a similar issue in Tewari v Tsoutsouras (75 N.Y.2d 1), the court held that there is no authority...

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