Opinion
December 13, 1948.
Present — Peck, P.J., Glennon, Cohn, Van Voorhis and Shientag, JJ.
The order of Special Term correctly vacated the attachment against the defendants' property. The order, however, is modified so as to direct that, at the same time, payment of the sheriff's poundage in the sum of $236.23 be made by the plaintiff ( Miller v. Miller, 108 App. Div. 310) and, as so modified, affirmed, with $20 costs and disbursements to the appellant. Settle order on notice.