Opinion
February 5, 1926.
Appeal from the City Court of the City of New York.
Harry Levin, for the appellant.
Morris P. Schaffer, for the respondent.
The defendant was never served with a summons in this action. All the proceedings subsequent to the judgment and based thereon were, therefore, void. Order appealed from reversed, with ten dollars costs and disbursements, and motion to vacate the two orders for the examination of the United National Bank as a third party in proceedings supplementary to execution is granted, with ten dollars costs.
All concur; present, BIJUR, DELEHANTY and WAGNER, JJ.