Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs.
Memorandum:
The certificate of readiness and the note of issue were served by plaintiff on September 29, 1959, and filed shortly thereafter. The certificate stated that a physical examination had been waived. More than a year and a half later the defendant moved for a physical examination. Prior to that no motion had been made to strike the case from...
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