Farace v. State

— Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Defendant’s motion to dismiss the complaint for failure to comply with CPLR 3012-a should have been denied.

CPLR 3012-a requires that a complaint be accompanied by a certificate of merit in any action for medical, dental, or podiatric malpractice. Claimant seeks to recover for the personal injuries and wrongful death of decedent which occurred while he was an inmate in the Auburn Correctional Facility. It is alleged that the State failed to monitor decedent’s asthma condition properly and…