
    LORDI v. PEOPLE’S SURETY CO.
    (Supreme Court, Appellate Term.
    December 22, 1909.)
    Appeal from City Court of New York, Special Term. Action by Antonio Lordi against the People’s Surety Company. From an interlocutory judgment overruling a demurrer to the complaint, defendant appeals.
    Affirmed, with leave to answer.
    Edward M. Grout and Paul Grout, for appellant.
    Joseph Gif uni, for respondent.
   PER CURIAM.

This case is controlled by Musco v. United Surety Company, 132 App. Div. 300, 117 N. Y. Supp. 21. Defendant concedes that judgment should be affirmed, in view of the case cited, which has been affirmed by the Court of Appeals on the question of the constitutionality of the act. Judgment and order affirmed, with costs, with leave to the defendant to answer within six days upon payment of costs in this court and in the court below.  