
    BASCIANI v. TITLE GUARANTY & SURETY CO.
    (Supreme Court, Appellate Term, First Department.
    February 25, 1913.)
    Appeal from City of .New York, Trial Term. Action by Pasquale Basciana against the Title Guaranty & Surety Company. From a judgment entered upon the verdict of a jury in favor of the plaintiff, and from an order denying a motion for a new trial, defendant appeals. Modified and affirmed. Mantón M. Wyvell, of New York City, for appellant. Samuel Wechsler, of New York City, for respondent.
   PER CURIAM.

We are of opinion that upon the facts in this case the sum of $80 paid to an individual surety upon the plaintiff’s bail bond was improperly allowed as an item of damage. The judgment will therefore be modified, by deducting $80 therefrom, and, as modified, affirmed, without costs.  