Pastorello v. City of New York

In Pastorello v. City of New York, 2001 WL 1542808 (S.D.NY 2001) the plaintiff was pro se when the filing commenced, and later obtained counsel. The defendant sought to dismiss on the ground that plaintiff had failed to file a Certificate of Merit, and the court denied the motion. The court held that it would not apply the filing requirement retroactively to dismiss the claim for lack of a Certificate of Merit because the plaintiff was initially pro se. (Id. at 18.)