New York Laws
Article 30 - Remedies and Pleading
3012-B - Certificate of Merit in Certain Residential Forclosure Actions.

(b) Where a certificate is required pursuant to this section, a single
certificate shall be filed for each action even if more than one
defendant has been named in the complaint or is subsequently named.
(c) Where the documents required under subdivision (a) are not
attached to the summons and complaint or to the certificate, the
attorney for the plaintiff shall attach to the certificate supplemental
affidavits by such attorney or representative of plaintiff attesting
that such documents are lost whether by destruction, theft or otherwise.
Nothing herein shall replace or abrogate plaintiff's obligations as set
forth in the New York uniform commercial code.
(d) The provisions of subdivision (d) of rule 3015 of this article
shall not be applicable to a defendant who is not represented by an
attorney.
(e) If a plaintiff willfully fails to provide copies of the papers and
documents as required by subdivision (a) of this section and the court
finds, upon the motion of any party or on its own motion on notice to
the parties, that such papers and documents ought to have been provided,
the court may dismiss the complaint or make such final or conditional
order with regard to such failure as is just including but not limited
to denial of the accrual of any interest, costs, attorneys' fees and
other fees, relating to the underlying mortgage debt. Any such dismissal
shall be without prejudice and shall not be on the merits.