Order, entered December 15, 1959, granting defendant’s motion to dismiss the complaint conditionally, unanimously modified, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, to the extent of granting the motion to dismiss unconditionally, with $10 costs, and, as so modified, the order is affirmed. There is insufficient excuse shown for the delay in prosecution. Concur — Botein, P. J., Breitel, Stevens and Eager, JJ.