Santangelo v. Raskin

In Santangelo v. Raskin, 137 A.D.2d 74 (2d Dep't 1988), the Second Department held that failure to timely serve a certificate of merit pursuant to CPLR 3012-a amounts to a default and upon defendant's motion, warrants dismissal. The court stated that to defeat defendant's motion to dismiss, plaintiff must prove reasonable excuse for the failure and provide a certificate of merit from a physician. (Id.)