Opinion
May 25, 1967
On remittitur from the Court of Appeals ( 18 N.Y.2d 784) order entered December 16, 1965, unanimously reversed and complaint dismissed for failure to prosecute, on the facts and in the exercise of discretion without costs and without disbursements. The facts are set out in the opinion of the Court of Appeals and in this court ( 25 A.D.2d 726). Plaintiff has failed to offer any substantial excuse for the failure to take any steps for a period of over ten years.
Concur — Botein, P.J., Stevens, Eager, Steuer and Rabin, JJ.