Opinion
March 6, 1962
Order entered on September 14, 1961 so far as appealed from unanimously reversed, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellants, and the motion granted, with $10 costs, and judgment directed to be entered dismissing the complaint, with costs. There is no showing of a valid excuse or justification for the delay, and no affidavit of merits by the plaintiff. ( Rist v. 234 East 33rd Corp., 4 A.D.2d 867.)
Concur — Rabin, J.P., Valente, Stevens, Eager and Bergan, JJ.