Opinion
February 28, 1961
Order, entered on March 7, 1960, denying the motion of defendant-appellant to dismiss the complaint in a personal injury action 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. Plaintiff-respondent has not demonstrated that his delay in filing a note of issue is reasonable or that he has a meritorious case.
Concur — Valente, J.P., McNally, Stevens, Eager and Steuer, JJ.