Opinion
December 15, 1953.
Present — Callahan, J.P., Breitel, Bastow, Botein and Bergan, JJ.
Order, so far as appealed from, unanimously affirmed, with $20 costs and disbursements to the respondent. As a general rule the examination of a defendant in a tort action for personal injuries or death should proceed after the conclusion of defendant's examination of plaintiff. (Cf. Fahrney v. Eller, 278 App. Div. 635. ) The date for the examination to proceed shall be fixed in the order. Settle order on notice.