Opinion
April 28, 1949.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, LAZARUS, J.
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 curiae.
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.
HOFSTADTER, PECORA and HECHT, JJ., concur.
Judgment reversed, etc.