Opinion
November 23, 1942.
Present — Lazansky, P.J., Carswell, Johnston, Taylor and Close, JJ.
Action to recover damages for personal injuries. Plaintiff appeals (a) from a judgment dismissing the complaint on motion at the close of the plaintiff's evidence, and (b) from an order granting the motion to dismiss the complaint. Judgment unanimously affirmed, with costs. No opinion. Appeal from order dismissed, without costs. There is no such order in the record. Further, an appeal does not lie from a ruling made during the trial. ( Fine v. Cummins, 260 App. Div. 569.)