Majority
p. 930Herman Fallert, as Administrator, etc., Respondent, v. Massachusetts Bonding and Insurance Company, Appellant, and The City of New York.
Headnote
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office ón the 30th day Of January, 1913, on an order entered on the 39th day of January, 1913, and also from said order granting the plaintiff’s motion for judgment on the pleadings.Judgment and order reversed, with costs, on authority of Miano v. Empire State Surety Co. ( 153 App. Div. 433 ). Present — Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ. Judgment and order reversed, with costs. Order to be settled on notice.