ASARO v. GILPIN

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion to dismiss the complaint because the plaintiff failed to comply with the defendants' demand for an examination pursuant to General Municipal Law § 50-h(5) before commencing the action (see, Andujar v. New York City Hous. Auth., 226 A.D.2d 657; Bailey v. New York City Health Hosps. Corp., 191 A.D.2d 606; Restivo v. Village of Lynbrook, 84 A.D.2d 831; CPLR 205[a]; Lehman Bros. v. Hughes Hubbard Reed, 92 N.Y.2d 1014, 1016; see also, Joseph Francese, Inc. v. Enlarged City School Dist. of Troy, 95 N.Y.2d 59, 64-65).

SANTUCCI, J.P., ALTMAN, FLORIO, H. MILLER and COZIER, JJ., concur.