Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, for the reason that plaintiff has failed to act diligently in bringing the case to the new trial granted by the previous decision of this court. (See Backman v. Rodgers, 153 App. Div. 299.) Jenks, P. J., Carr, Stapleton, Mills and Putnam, JJ., concurred.