
    Harry Pomerantz, Respondent, v. National Surety Company, Appellant.
   Determination appealed from and judgment of the Municipal Court reversed and a new trial ordered, with costs to the appellant in the Appellate Term and in this court to abide the event, on the ground that there was a question of fact which should have been submitted to the jury. Present — • Clarke, P. J., Merrell, Finch, McAvoy and Burr, JJ.  