THREEWITTS v. ALMANZAR

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.