Grad v. Hafliger

*544Service of the summons and complaint in June 2008 was not accompanied by the required notice of medical malpractice action (CPLR 3406) and an attorney’s certificate of merit (CPLR 3012-a). Instead, plaintiffs counsel certified that he had insufficient time to obtain a consultation with a doctor. In February 2009, plaintiff moved for leave to file a late notice, based on a “clerical error” by counsel. Hafliger opposed the motion and cross-moved to dismiss the complaint for failure to file a certificate within 90 days of the filing of the complaint.

The court may extend the time to file the…