In Boothe v. Lawrence Hosp., 188 A.D.2d 435 (1st Dep't 1992), the court denied defendants' motion to dismiss based on plaintiffs' failure to timely serve a certificate of merit because, among other things, the court had already granted plaintiff leave to serve an amended complaint omitting any reference to medical malpractice, and therefore, a certificate of merit was no longer required. (Id. at 436.)