Majority
p. 734American Surety Company of New York, Respondent, v. Frank Solomon, Defendant, and Samuel W. Paul, Appellant.
Order unanimously reversed on the facts and on the law and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion to dismiss granted, with $10 costs. The plaintiff gives no explanation for its failure to take any affirmative action in this suit for 29 months. (See Gallagher v. Clafington, Inc., 7 A D 2d 627 .) However, leave is granted to the plaintiff to move to vacate the dismissal within 15 days after the service of the order herein, with notice of entry, upon a proper affidavit of merits and a sufficient reason to excuse the delay in prosecuting the action. Concur — Breitei, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.