Opinion
February 2, 1990
Appeal from the Supreme Court, Erie County, Wolf, J.
Present — Dillon, P.J., Denman, Green, Lawton and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this medical malpractice action, the court erred in granting plaintiffs' motion for permission to make late service of a certificate of merit and in denying defendants' cross motions to dismiss for plaintiffs' failure to serve the certificate of merit with the complaint (see, CPLR 3012-a). As we have recently held, the failure to serve a certificate of merit with the complaint is a pleading default (Matter of Prince v State of New York, 149 A.D.2d 963, 964; see also, Santangelo v Raskin, 137 A.D.2d 74; Brown v State of New York, 139 Misc.2d 1020). In accordance with the rule governing pleading defaults, noncompliance with CPLR 3012-a requires dismissal absent a showing of a reasonable excuse for the default and a meritorious cause of action (Matter of Prince v State of New York, supra). Plaintiffs failed to establish a reasonable excuse for their delay in serving a certificate of merit or that their claims against the various defendants are meritorious. In particular, we note that the affidavit of plaintiffs' expert is conclusory and without evidentiary force. Consequently, dismissal is required. Dismissal is without prejudice to reservice of the complaint accompanied by the required certificate of merit (see, CPLR 205 [a]; Matter of Prince v State of New York, supra).