Ludwigsen v. American Transport Lines, Inc.

In a negligence action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Vaccaro, J.), dated November 1, 1995, which, inter alia, granted the defendants’ separate motions for summary judgment unless a nonparty witness was produced for examination before trial on or before December 1, 1995, and denied his motion for an order of arrest, and (2) a judgment of the same court, dated March 5, 1996, which was entered on the order and is in favor of the defendants dismissing the complaint.

Ordered that the appeal from the order is…