Order reversed, with $20 costs and disbursements to the appellant and the motion to vacate the order of dismissal for failure to prosecute denied, with $10 costs, on the ground that there is no showing of a cause of action in the affidavit of merits. Concur — Breitel, Valente and McNally, JJ.; Botein, P. J., and Rabin, J., dissent and vote to affirm.