Smith v. McDaniel

Order unanimously reversed on the law without costs, cross motion denied, motion granted and complaint dismissed. Memorandum: It was error for the court in this medical malpractice action to grant plaintiff’s motion for permission to serve a late certificate of merit and to deny defendant doctor’s motion to dismiss plaintiff’s complaint for failure to serve a certificate of merit with the complaint (see, CPLR 3012-a). Plaintiff’s failure to serve a certificate of merit with the complaint was a pleading default and dismissal is required absent a showing by plaintiff of a reasonable excuse for…