Stogop Realty Co. v. National Surety Co.

Martin, J.:

Morris Tobias, as lessee, entered into a twenty-one-year lease with plaintiffs, as lessors, of premises known as the Marie Antoinette Hotel, on Broadway between Sixty-sixth and Sixty-seventh streets, New York city. He agreed to make alterations to the premises and gave a bond for performance of this undertaking. The alterations -were not made.

The plaintiffs have brought this action to recover on the bond. It was given by Tobias as principal, and defendants as sureties.

The lease, which is set out in full in the complaint, is mentioned in the bond, but only to the extent of…