Grad v. Hafliger
Opinion of the Court
The court may extend the time to file the notice, upon the showing of good cause (CPLR 2004). Plaintiffs failure to file a timely notice does not warrant the harsh sanction of dismissal (Tewari v Tsoutsouras, 75 NY2d 1, 8 [1989]). Plaintiff made the requisite showing of good cause based on law office failure (see Tak Kuen Nagi v Sze Jing Chan, 159 AD2d 278 [1990]).
To avoid dismissal for neglecting to serve a certificate with the pleadings, the plaintiff must present a reasonable excuse for failure to comply with the statute and an affidavit of merit from a medical expert (George v St. John’s Riverside Hosp., 162 AD2d 140 [1990]). In opposition to Hafliger’s cross motion, plaintiff provided a sufficient affirmation of a doctor attesting to the merits of the case and an affirmation of counsel setting forth a reasonable excuse for failure to comply with the statute. The fact that the doctor’s name was redacted from the affirmation served on defense counsel is insignificant because it was included in the original provided to the court (see Marano v Mercy Hosp., 241 AD2d 48, 50 [1998]).
We have reviewed the remaining issues raised by the parties and find them unavailing. Concur — Friedman, J.P., Sweeny, Freedman and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.