Order, denying motion to dismiss complaint for failure to prosecute, dated February 10, 1960, unanimously reversed, on the law and on the facts, and in the exercise of discretion, with $20 costs and disbursements to defendants-appellants, and the motion granted, with $10 costs.
Neither the belated filing of the note of issue nor the vague allegations regarding settlement discussions excuses the 28-month delay (Nigro v. City of New York,
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