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LUCIDO v. VITOLO

251 A.D.2d 383 (1998)

672 N.Y.S.2d 818

Marylou Lucido et al., Appellants, v. Robert V. Vitolo, Respondent

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

June 8, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the plaintiffs' motion for leave to amend the complaint. Since the plaintiffs failed to submit an affidavit of merit by a physician in support of their motion, and their "attorney's certificate of merit (see, CPLR 3012-a) * * * [was] insufficient to demonstrate a meritorious claim" (Sober v Kalina, 208 A.D.2d 1140

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