204 A.D. 4 | N.Y. App. Div. | 1922
The appeal from the order denying the motion to resettle must be dismissed. (Waltham Mfg. Co. v. Brady, 67 App. Div. 102; Pinchot v. New York Elevated R. R. Co., 49 id. 356.)
The other appeal is from the condition of the original order requiring the defendant to pay the fees of the sheriff in order to secure the release of property unlawfully attached. The action was brought for damages, and the amount of $12,400 of defendant’s, deposited in a bank in the city of New York, was attached.
The order appealed from, therefore, should be modified so as to conform to the order as originally proposed by the defendant, with ten dollars costs and disbursements to appellant.
Clarke, P. J., Page, Greenbatjm and Finch, JJ., concur.
Order modified as directed in opinion, with ten dollars costs and disbursements to appellant. Settle order on notice.