In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Queens County, dated May 7,1962, which denied his motion to dismiss the complaint for lack of prosecution, the denial being subject to the condition that plaintiff shall expeditiously notice the cause for trial. Order affirmed, without costs. No opinion. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.