
    Sidney K. Johnson, Respondent, Appellant, v. The Thomas Breen Company, Appellant, Impleaded with National Surety Company, Respondent, and The State of New York and Others, Defendants.
   Judgment against Thomas Breen Company modified on the law by reducing the amount of the recovery to $3,724.30, -with interest thereon from the 1st day of October, 1927, and as so modified affirmed, without costs of this appeal to either party. Judgment dismissing the complaint as to the defendant National Surety Company affirmed, with costs. All concur. Present — Sears, P. J., Crouch, Taylor, Edgeomb and Crosby, JJ.  