Opinion
April 26, 1948.
Present — Lewis, P.J., Carswell, Johnston, Adel and Sneed, JJ.
Motion to dismiss defendant's appeal from an order directing her examination before trial and granting other relief, denied, with $10 costs. Plaintiff's right to a stay under section 1520 of the Civil Practice Act was waived when he propelled the action onward by restoring it to the trial calendar and by applying for the defendant's examination. ( Rollins v. Carib Syndicate, Ltd., 172 Misc. 648, affd. 258 App. Div. 816.)