People v. Metropolitan Surety Co.

Order reversed, with ten dollars costs and disbursements, and motion denied, without costs, on authority of People v. Metropolitan Surety Co. (Matter of Fleet), decided by the Court of Appeals (205 N. Y. 135). All concurred, except Kellogg and Houghton, JJ., dissenting on the ground that the rights of the claimant were fixed through the lien prior to the insolvency of the surety company.