
    Stogop Realty Co., Inc., et al., Respondents, v. National Surety Company et al., Appellants.
    (Argued October 7, 1926;
    decided October 22, 1926.)
    
      Principal and surety — landlord and tenant —■ action to recover upon surety bond for failure of lessee to make improvements as required by lease.
    
    
      Stogop Realty Co., Inc., v. National Surety Co., 216 App. Div. 198, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1926,' unanimously affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The action was to recover upon a surety bond for failure of the principal to complete certain alterations and improvements according to the terms of a lease between plaintiff as lessor and said principal as lessee.
    Judgment affirmed, with costs;
    
      Carlisle Norwood and Thomas L. Walsh for appellants.
    
      Ralph Wolf and Henry Abelson for respondents.
   no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  