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Per Curiam. 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
*588 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.
Document Info
Citation Numbers: 126 Misc. 587, 214 N.Y.S. 199, 1926 N.Y. Misc. LEXIS 616
Filed Date: 2/5/1926
Precedential Status: Precedential
Modified Date: 11/10/2024