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FORTUNE v. NYC HEALTH & HOSPS

Index No. 26389/16. Appeal No. 12833. Case No. 2020-00871.

193 A.D.3d 138 (2021)

142 N.Y.S.3d 54

2021 NY Slip Op 01122

AYALHA CARMEL FORTUNE et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Appellants.

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

Decided February 18, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York City ( Jamison Davies and Jeremy W. Shweder of counsel), for appellants.

William Schwitzer & Associates, P.C., New York City ( Jason C. Molesso of counsel), for respondents.

RENWICK, J.P., KERN, MAZZARELLI and SHULMAN, JJ. concur.

OPINION OF THE COURT

The issues on appeal in this medical malpractice action are whether plaintiffs' noncompliance with CPLR 3012-a warrants dismissal and whether such noncompliance constitutes a pleading default, requiring the showing of a meritorious claim through the submission of an affidavit of merit and a reasonable excuse...

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