Dudley v. Rios-Rivera

Appeal from an order of the Supreme Court (Kramer, J.), entered February 15, 2011 in Schenectady County, which, among other things, granted defendants’ motion to dismiss the complaint.

Plaintiff commenced this medical malpractice action in January 2010. The complaint was accompanied by a document executed by plaintiffs counsel indicating that he had not received a complete set of plaintiffs 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…