Opinion
November 2, 1959
Present — Nolan, P.J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.
In an action to recover damages for personal injuries, the appeal is from an order (1) granting a motion to dismiss the action for lack of diligent prosecution and (2) denying appellant's cross motion for leave to file a statement of readiness and to require the respondent to appear and submit to an examination before trial. Order unanimously affirmed, with $10 costs and disbursements. No opinion.