Opinion
October 22, 1957
Order unanimously reversed on the facts and as a matter of discretion, with $20 costs and disbursements to the appellant, and the motion granted, and judgment is directed to be entered dismissing the complaint, with costs. Despite recent admonitions by this court that on a motion such as this there must be a substantial showing of valid excuse or justification for delay, together with an affidavit of merits by the party plaintiff ( Hyde Sons v. Roller Derby Skate Co., 1 A.D.2d 942; Davis v. Cunard S.S. Co., 284 App. Div. 1036; Cooper v. Schnabolk, 283 App. Div. 937), the record in this case is lacking in both. Indeed, even from the attorney's affidavit (which alone would not be sufficient), one cannot glean the nature of the accident or the manner in which it occurred, let alone determine whether there is merit to the cause of action.
Concur — Breitel, J.P., Botein, Frank, Valente and McNally, JJ.