Order so far as appealed from unanimously reversed on the facts and as a matter of discretion, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs, and judgment is directed to be entered dismissing the complaint, with costs.
No affidavit of merits is submitted nor is there a substantial showing of valid excuse or justification for the delay. (Rist v. 234 East 33rd Corp.,
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