| N.Y. App. Div. | Mar 10, 1959
Order unanimously affirmed, with $20 costs and disbursements to the respondent. Apart from the delay, there was no showing of a cause of action in the affidavit of merits (Rist v. 234 East 33rd Corp., 4 A D 2d 867; Fischetti v. 242 East 19th St. Corp., 4 A D 2d 867). Concur—Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.