153 N.Y.S. 118 | N.Y. App. Term. | 1915
The action is on an undertaking given on obtaining a warrant to seize in an action to foreclose a lien on a chattel under sections 76 and 138, Municipal Court Act. Defendant therein was successful in the foreclosure suit, and seeks to recover the expenses of the trial, including jury fees and counsel fees, and damages by reason of being deprived of his property during the pendency of the suit. No application by way of motion to set aside the warrant appears to-have been made, and defendants contend in such case the expenses of the trial cannot be allowed.
Judgment should be modified in the particular above stated, and, as so modified, affirmed, but without costs. Judgment modified, by reducing the amount of the recovery to the sum of $75 and appropriate costs in the court below, and, as modified, affirmed, without costs of this appeal. All concur.