Majority
p. 812The Fidelity and Casualty Company of New York, Appellant, v. Vincenza Marendino, Respondent. (Appeal No. 2.)
We think the answer raises an issue as to the subject-matter of the indemnity agreement. It may be that on the trial the plaintiff can show that the indemnitors intended the agreement to apply to the bond in the County Court. Order denying plaintiff’s motion for summary judgment[1] affirmed, with ten dollars costs and disbursements. Rich, Kelly, Jaycox and Young, JJ., concur; Blackmar, P. J., concurs in the result.
* See Rules of Civil Practice, rule 113.-[Rep.