Service of the summons and complaint in June 2008 was not accompanied by the required notice of medical malpractice action (CPLR 3406) and an attorney's certificate of merit (CPLR 3012-a). Instead, plaintiff's counsel certified that he had insufficient time to obtain a consultation with a doctor. In February 2009, plaintiff moved for leave to file a late notice, based on a "clerical error" by counsel. Hafliger opposed the motion and cross-moved to dismiss the complaint for...
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