Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The motion to dismiss for failure to prosecute was improperly granted in view of the fact that later issues have not been tried in their regular order. (Rules Civ. Prac. rule 156.) Lazansky, P. J., Rich, Young, Seeger and Scudder, JJ., concur.