Majority
p. 776In the Matter of the Application of the National City Bank of New York to Fix and Determine the Liability of National Surety Corporation, as Surety on the Bond of Edilio Penna, as Administrator c. t. a. of the Goods, Chattels and Credits Which Were of Ettore Penna, Deceased. The National City Bank of New York, Dante Antolini and Others, and Banca Commerciale Italiana Trust Company, Respondents; National Surety Corporation, Appellant.
Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 719.] The following question is certified: Should paragraph numbered II of the original answer of the National Surety Corporation, verified June 20, 1936, have been struck out? Present — Lazansky, P. J., Hagarty, Adel and Close, JJ.; Carswell, J., not voting.