
    Gustav Obendorfer et al., Respondents, v. The City of New York, Defendant, and The Empire State Surety Company, Appellant.
    
      Obendorfer v. City of New York, 130 App. Div. 877, affirmed.
    (Argued March 30, 1910;
    decided April 26, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1909, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term, a jury having been waived, in an action to recover upon a surety bond.
    
      Ferd. W. Buermeyer for appellant.
    
      Henry William Helper for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Vann, Willard Bartlett and Chase, JJ. Absent : Haight, J.  