
    Indemnity Insurance Company of North America, Appellant, v. John Farkas, Respondent.
    Supreme Court, Appellate Term, First Department,
    April 28, 1949.
    
      
      Samuel Gottesman for appellant.
    
      Walter B. Herendeen, Jr., for respondent.
    
      John P. McGrath, Corporation Counsel (Seymour B. Quel and Robert E. Hugh of counsel), for City of New York, amicus curies.
    
   Per Curiam.

The fidelity bond specified the defendant as one who " has been duly appointed Employee in the Department of Marine and Aviation of the City of New York.” The term ‘ employee ’ ’ is plain and unambiguous. There is nothing either in the bond or in the record to justify giving it the technical meaning of accountant ’ ’. Within the recital of the bond and the evidence, the defendant was an employee and liable by subrogation to the surety.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff as prayed for in the complaint, with costs.

Hofstadtee, Pecoea and Heoht, JJ., concur.

Judgment reversed, etc.  