Horn v. Boyle
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Carpinello, J.
In February 1995, plaintiff commenced this medical malpractice action against Edward Boyle, an ophthalmologist, arising out of the latter’s treatment of plaintiff between January 1992 and September 1992 for glaucoma in the left eye. In lieu of filing a certificate of merit with the complaint (see, CPLR 3012-a [a] [1]), plaintiffs counsel executed an affirmation dated February 21, 1995 claiming that the summons and complaint were being served without the certificate of merit to prevent the expiration of the Statute of Limitations (see, CPLR 3012-a [a] [2]). A…
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