
    James C. Fagan, Appellant, v. The Raymond Manufacturing Company, Respondent.
    (Supreme Court, Appellate Term, First Department,
    May, 1913.)
    City Court of New York — jurisdiction — attachment.
    An order of a justice of the City Court of the city of New York, vacating a warrant of attachment on the ground that as both the complaint and the warrant were for a sum over $4,000 the court was without jurisdiction, will be reversed, and said warrant modified by reducing the amount thereof to $2,000, with interest and costs, and the liability of the surety on the undertaking given to discharge the attachment limited to $2,000, with interest and costs.
    Appeal by plaintiff from an order of a justice of the City Court of the city of New York, vacating a warrant of attachment on the ground that, as both the complaint and the warrant were for a sum over $4,000, the court was without jurisdiction.
    McCabe, Davis & Kernan (Ambrose F. McCabe and. John H. Jackson, of counsel), for appellant.
    A. S. Gilbert (Francis Gilbert, of counsel), for respondent.
   Bijur, J.

I find nothing in the recently decided case of Lewkowicz v. Queen Aeroplane Co., 154 App. Div. 142; affd., 207 N. Y. 209, to justify the view that the court had no jurisdiction to issue the warrant. The amount should, however, be reduced to $2,000. Code Civ. Pro., § 682; Guarantee Co. v. Moore, 35 App. Div. 421, 425.

The order should he reversed, and the warrant of attachment modified by reducing the amount thereof to $2,000, with interest and costs, and the liability of the surety on the undertaking given to discharge the attachment limited to $2,000, with interest and costs, with $10 costs and disbursements of the appeal to the appellant.

Lehman and Whitaker, JJ., concur.

Order reversed and order of attachment modified.  