Order, entered March 21, 1960, denying defendant's motion to dismiss the complaint for failure to prosecute, unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs. The lack of an affidavit of merits is fatal to plaintiffs' position. Moreover, there is insufficient excuse for their delay.
Concur — Botein, P.J., Breitel, Stevens and Eager, JJ.