Majority
p. 482Angela Tomich et al., Respondents, v. Victor Cohen, Appellant.
Order, entered on or about September 4, 1964, denying defendant’s motion to dismiss for lack of prosecution, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to defendant-appellant, and the motion granted for the reasons set forth in Salama v. Cohen (23 A D 2d 482), with $10 costs. Concur — Botein, P. J., Valente, McNally, Eager and Staley, JJ.