Majority
p. 866James K. Irving, Appellant, v. The Texas Company and Merricker Realty Corporation, Respondents.
Judgment dismissing the plaintiff’s complaint at the close of the plaintiff’s case in an action brought by the plaintiff against his lessor to recover damages for breach of the landlord’s covenant of quiet enjoyment unanimously affirmed, with costs to respondent The Texas Company. No opinion. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.