Opinion
May, 1918.
Order affirmed, with ten dollars costs and disbursements, on the ground if the intervenor, appellant, has any rights by way of a lien for attorney's services on the fund in the hands of the comptroller, such rights are not affected by a judgment in the foreclosure action to which he was not a party. It was unnecessary, therefore, that he be made a defendant in order to be able to assert his rights. Jenks, P.J., Thomas, Mills, Putnam and Blackmar, JJ., concurred.