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John J. Halligan v. Jacob Porte and Others
Orders reversed on the law, with ten dollars costs and disbursements, and undertaking canceled and lis pendens restored. The learned court below, under the complaint disclosed here, was without power to make the orders appealed from. (Mills v. Bliss, 55 N. Y. 139; Wolinsky v. Okun, 111 App. Div. 536; Tishman v. Acritelli, Id. 237.) Kelly, P. J., Rich, Manning, Kapper and Lazansky, JJ., concur.