Which term is used to describe the requirement that must be met before filing a professional malpractice claim in New York?

• A. Affirmation
• B. Certificate of Merit
• C. Exhibits
• D. Moving papers

Answer: (B)

Before filing a professional malpractice claim in New York, the attorney must attach a Certificate of Merit to the complaint. This certificate is a formal verification that, after a reasonable inquiry, there is a legitimate basis for the claim and that it is supported by a written opinion from a qualified professional in the relevant field. The purpose is to prevent frivolous lawsuits by requiring expert backing for malpractice allegations at the outset. If the certificate isn’t provided or fails to meet the standard, the action can be dismissed.

Affirmation is a general sworn statement used in various filings; exhibits are evidence attached to filings; moving papers are the set of documents used to ask the court for a ruling. They describe different parts of court procedure, not the specific pre-filing requirement for malpractice claims.