Opinion
2001-03154
Submitted November 28, 2001.
December 24, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Seidell, J.), dated March 14, 2001, which granted the defendants' motion to dismiss the complaint for the plaintiff's failure to comply with General Municipal Law § 50-h prior to commencing the action.
The Sallah Law Firm, P.C., Holtsville, N.Y. (Patrick M. Kerr of counsel), for appellant.
Michael T. Clifford Associates, PLLC (Anita Nissan Yehuda, Roslyn Heights, N.Y., of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.
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.