
    BARON v. NATIONAL SURETY CO. In re MOSES.
    (Supreme Court, Appellate Term.
    December 24, 1908.)
    Appeal from City Court of New York, Special Term. Action by Bern-hard Baron against the National Surety Company. From orders denying his motion to be made a party defendant, Darius Y. Moses appeals. Affirmed. Darius V. Moses, in pro. per. Kendall & Herzog, for respondent Baron. William J. Bolger, for respondent National Surety Co.
   PER CURIAM.

Orders affirmed, on the authority of Bauer v. Dewey, 166 N. Y. 402, 60 N. E. 30. The decision in Feinburg v. American Surety Co., 33 Misc. Rep. 458, 67 N. Y. Supp. 868, has since been overruled by the case last cited. Orders affirmed, with $10 costs and disbursements.  