Bailey v. New York City Health & Hospitals Corp.

—In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (Smith, J.), dated May 24, 1990, which granted the defendant’s motion to dismiss the complaint for failure to comply with General Municipal Law § 50-h.

Ordered that the order is affirmed, with costs.

The plaintiff’s first two requests to reschedule an examination pursuant to General Municipal Law § 50-h were granted by the defendant; her third request was denied. Since the plaintiff took no action to reschedule the examination in the nearly two years and three months…