Fagan v. Raymond Manufacturing Co.

80 Misc. 638, 141 N.Y.S. 948

Opinion

Bijur, J.

I find nothing in the recently decided case of Lewkowicz v. Queen Aeroplane Co., 154 App. Div. 142; affd., 207 N. Y. 209, to justify the view that the court had no jurisdiction to issue the warrant. The amount should, however, be reduced to $2,000. Code Civ. Pro., § 682; Guarantee Co. v. Moore, 35 App. Div. 421, 425.

The order should he reversed, and the warrant of attachment modified by reducing the amount thereof to $2,000, with interest and costs, and the liability of the surety on the undertaking given to discharge the attachment limited to $2,000, with interest and costs, with $10 costs and disbursements of the appeal to the appellant.

Lehman and Whitaker, JJ., concur.

Order reversed and order of attachment modified.