Opinion
June, 1933.
Present — Lazansky, P.J., Kapper, Carswell, Scudder and Tompkins, JJ.
Motion for reargument denied. The decision of this court [ 239 App. Div. 803] did not indicate that the rights of the surety company, if any, in its status as surety, were no different from those inhering in it in its status as assignee.