Majority
p. 608Otto Pollak, Respondent, v. Juan Negrin, Jr., Appellant.
Order granting plaintiff’s motion to vacate the dismissal of this action unanimously reversed, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs. There has been insufficient excuse presented for the delay in this case. (Gallagher v. Clafington, Inc., 7 A D 2d 627 .) Concur — Botein, P. J., Rabin, M. M. Frank, McNally and Stevens, JJ.