Sulzbacker v. J. Cawthra & Co. , 70 N.Y. St. Rep. 895 ( 1895 )

Peb Cubiam.

Defendant’s motion to reduce the amount for which the attachment was granted is not inconsistent with its appeal from the order denying the motion to vacate the attachment. Both motions were availed of by the defendant as of right. Hence this motion for dismissal of the appeal should be denied, with §10 costs.