Majority
p. 838Mary Matthews, Respondent, v. Solomon Sprung and Harry J. Sprung, Individually and as Executors, etc., of Isaac Sprung, Deceased, Appellants. (In re physical examination of plaintiff.)
In view of the consent of plaintiff’s counsel in open court on December sixteenth, that defendant may have a physical examination of plaintiff on Monday, December 19, 1921, by a physician to be named by the justice holding the Trial Term at Westchester county, the present motion for a stay of the trial is denied; and upon plaintiff submitting to such physical examination, the temporary stay in the order to show cause is vacated. Blaekmar, P. J., Putnam, Kelly and Manning, JJ., concur; Rich, J., not voting.