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CIRIGLIANO v. DePERIO

134 Misc.2d 1065 (1987)

Beverly Cirigliano, as Personal Representative of The Estate of Joseph Cirigliano, Deceased, Plaintiff, v. Jose DePerio et al., Defendants.

Supreme Court, Erie County.

April 1, 1987

Attorney(s) appearing for the Case

Damon & Morey (Carol Baisi of counsel), for Gerald V. Schwartz, defendant. Quinn & McGarry, P. C., for Millard Fillmore Hospital, defendant. Gair, Gair & Conason (Warren J. Willinger of counsel), for plaintiff.

HENRY G. GOSSEL, J.

This is a motion in a medical malpractice action made by the defendants, Schwartz and Millard Fillmore Hospital, seeking a dismissal on the merits of the action pursuant to CPLR 3012-a on the grounds that a certificate of merit did not accompany the service of the complaint as is required by said section.

A summons with notice was served on defendant Schwartz on December 20, 1986...

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