Opinion
June 4, 1943.
Present — Martin, P.J., Townley, Untermyer, Dore and Cohn, JJ.
The levy was conditional and became void for failure to comply with section 922 of the Civil Practice Act ( Nemeroff v. National City Bank, 262 App. Div. 145, 147). No estoppel as against the moving defendants is shown. Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. Settle order on notice.