Order reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, with $10 costs.
Plaintiff failed to explain or excuse the delay of more than four years in bringing the cause on for trial and failed to make any showing of merits. Under such circumstances, it was an improvident exercise of discretion to deny the motion to dismiss (Fischer v. Tushnett, 256 App. Div. 833; Beer-Meisel Lodge No. 8, Independent Order Brith Abraham...
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