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HORN v. BOYLE

260 A.D.2d 76 (1999)

699 N.Y.S.2d 572

IRVING HORN, Appellant, v. MARY K. BOYLE, as Executor of EDWARD BOYLE, Deceased, Respondent.

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

December 9, 1999.

Attorney(s) appearing for the Case

Mark L. Powers, Schenectady, for appellant.

Maynard, O'Connor, Smith & Catalinotto, L. L. P., Albany (Michael Catalinotto, Sr., of counsel), for respondent.

MERCURE, J. P., CREW III, PETERS and GRAFFEO, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

In February 1995, plaintiff commenced this medical malpractice action against Edward Boyle, an ophthalmologist, arising out of the latter's treatment of plaintiff between January 1992 and September 1992 for glaucoma in the left eye. In lieu of filing a certificate of merit with the complaint (see, CPLR 3012-a [a] [1]), plaintiff's counsel executed an affirmation dated February 21, 1995 claiming that the summons...

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