Opinion
Argued April 17, 1942
Decided June 4, 1942
Appeal from the Supreme Court, Appellate Division, First Department, CAREW, J.
Leo T. Kissam and J. Francis Hayden for appellant.
William C. Chanler, Corporation Counsel ( John G. Clancy and Paxton Blair of counsel), for Board of Education of City of New York, amicus curiae. Benjamin P. DeWitt and Sidney Pepper for respondents.
Judgment affirmed, with costs. We hold that under the provisions of the bond in suit the six-months period which limited the time within which action might be brought against the surety commenced on February 2, 1940, the date of final payment by the Comptroller to the defendant Baylor. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.