Opinion
June, 1928.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the ground that the judgment was recovered on default in an action brought to recover a sum of money only; no warrant of attachment was "granted in the action" and no service of the summons was made on defendant except by publication. (Civ. Prac. Act, § 232; Dimmerling v. Andrews, 236 N.Y. 43, 46.) Van Kirk, P.J., Hinman, Davis, Hill and Hasbrouck, JJ., concur.