Sullivan v. H.I.P. Hospital, Inc.

OPINION OF THE COURT

Fred T. Santucci, J.

This is a motion by defendant H.I.P. Hospital, Inc., doing business as LaGuardia Hospital (hereinafter H.I.P.), for leave to reargue its prior motion to dismiss which resulted in an order of this court dated September 8, 1987. Leave to reargue is granted. Upon reargument, the court vacates its September 8, 1987 order and substitutes the following:

In this medical malpractice action, defendant H.I.P. moves *712to dismiss the complaint for failure to comply with CPLR 3012-a.

Insofar as is relevant herein, CPLR 3012-a requires that in any action for medical…