What document must accompany the complaint to support the merits of the claim when facing possible dismissal in New York?

• A. Show cause of delay
• B. Affidavit of merits
• C. Proof of service
• D. Notice of appearance

Answer: (B)

In New York, to avoid dismissal for lack of merit in professional malpractice claims, the complaint must be accompanied by an affidavit of merit. This sworn statement from a licensed professional who has reviewed the facts asserts that there is a reasonable basis for the claim and that the allegations of deviation from the standard of care are supported by the available medical records and related evidence. The affidavit demonstrates that the claim has been reviewed by someone qualified to assess its merit, helping to prevent frivolous suits from moving forward. Without this affidavit, a court can dismiss the action for failure to plead a claim with a reasonable basis. Other procedural documents, like proof of service or notices of appearance, address timing or process rather than the merits of the claim.