Majority
p. 981Alfonso Davalos, Also Known as Alfonso D. Romero, Respondent, v. Luis A. C. Cayzedo, Appellant.
Order, entered December 15, 1959, granting defendant’s motion to dismiss the complaint conditionally, unanimously modified, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, to the extent of granting the motion to dismiss unconditionally, with $10 costs, and, as so modified, the order is affirmed. There is insufficient excuse shown for the delay in prosecution. Concur — Botein, P. J., Breitel, Stevens and Eager, JJ.