Koppel v. Smith

OPINION OF THE COURT

Wallace Van C. Auser, J.

The defendant, Richard S. Smith, M.D., moves this court for an order granting him summary judgment. The defendant seeks this order on the grounds that the plaintiff, Zoltán I. Koppel, failed to serve a certificate of merit as required by CPLR 3012-a. The defendant also alleges that the plaintiff has likewise failed to file the required notice of medical malpractice.

This medical malpractice action was commenced by the plaintiff on June 24, 1987 by the service of a summons and complaint. The defendant served his answer on or about July *10402, 1987. On…