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DUDLEY III v. RIOS-RIVERA

513593.

94 A.D.3d 1383 (2012)

944 N.Y.S.2d 327

2012 NY Slip Op 3257

JOHN C. DUDLEY III, Appellant, v. ZANDRA RIOS-RIVERA et al., Respondents.

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

Decided April 26, 2012.

PETERS, P.J.

Plaintiff commenced this medical malpractice action in January 2010. The complaint was accompanied by a document executed by plaintiff's counsel indicating that he had not received a complete set of plaintiff's medical records and that a certificate of merit would be provided within 90 days of the receipt thereof (see CPLR 3012-a [d]). In June 2010, defendants moved to dismiss the complaint or, alternatively, to compel plaintiff to file a certificate...

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