Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the plaintiffs' motion to strike the defendant's fourth, fifth, sixth, and seventh affirmative defenses is denied, and the defendant's cross motion to dismiss the complaint is granted without prejudice to recommencement of the action ( see, CPLR 205 [a]).
The defendant's motion to dismiss the plaintiffs' complaint should have been granted because the injured plaintiff failed to comply with the defendant's demand for an examination pursuant to General Municipal Law § 50-h (5) ( see, Schrader v. Town of Orangetown, 226 A.D.2d 620; Baumblatt v. Battalia, 134 A.D.2d 226, 228; Alouette Fashions v. Consolidated Edison Co., 119 A.D.2d 481, 485-486, affd 69 N.Y.2d 787).
In light of our conclusion, it is not necessary to address the defendant's remaining contentions. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.