Order, denying motion to dismiss complaint for failure to prosecute, dated February 10, 1960, unanimously reversed, on the law and on the facts, and in the exercise of discretion, with $20 costs and disbursements to defendants-appellants, and the motion granted, with $10 costs. Neither the belated filing of the note of issue nor the vague allegations regarding settlement discussions excuses the 28-month delay ( Nigro v. City of New York, 3 A.D.2d 987; cf. Trapani v. Samuels, 3 A.D.2d 861). Moreover, no affidavit of merit was submitted in opposition to the motion ( Gallagher v. Clafington, Inc., 7 A.D.2d 627).
Concur — Breitel, J.P., Rabin, Valente and Bergan, JJ.