Appellate Division of the Supreme Court of the State of New York June 16, 1964 (Jupiter Express & Cargo Agency, S. A. v. L. & S. Fruit & Produce, Inc.)

Order, entered on March 4, 1964, denying defendant’s motion to dismiss the complaint for lack of prosecution, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs. No adequate excuse has been given for the delay or for the failure to submit an affidavit of merits. (Sortino v.