Trophia v. Valvo

OPINION OF THE COURT

John R. Tenney, J.

In this medical malpractice action, defendants have moved to dismiss the complaint for plaintiffs’ failure to timely comply with the "notice of * * * medical * * * malpractice” requirement of CPLR 3406 (a). In the alternative, they have also moved for an order of preclusion based on certain allegedly insufficient answers to a demand for bill of particulars and on a failure to comply with a demand pursuant to CPLR 3101 (d).

*926Plaintiffs’ counsel admits unfamiliarity with the recently enacted requirements of CPLR 3406 and has now supplied a proposed notice.…