Smith v. Cruz

Appeal from an order of the Supreme Court (Tait, Jr., J.), entered September 18, 1989 in Madison County, which, inter alia, granted plaintiff’s motion for an extension of time to file a certificate of merit and denied defendant Primitivo T. Cruz’s cross motion to dismiss the complaint against him.

Plaintiff and his wife, Gail A. Smith (hereinafter Smith), commenced this medical malpractice action against, among others, defendant Primitivo T. Cruz, alleging a failure to *939diagnose and treat breast cancer in Smith, who died subsequent to the commencement of this action. Plaintiff alleges that Cruz…