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MARKOWITZ v. STATE OF NEW YORK

37 A.D.3d 1106 (2007)

831 N.Y.S.2d 302

ELLIOT MARKOWITZ, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 105735.)

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

Decided February 2, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion for summary judgment in part and reinstating the psychiatric malpractice claims upon condition that claimant shall file and serve a certificate of merit under CPLR 3012-a within 30 days of service of a copy of the order of this Court with notice of entry and reinstating the ordinary negligence claims and as modified the order is affirmed...

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