Opinion
October 2, 1961
In an action to recover damages for breach of the covenant of quiet enjoyment contained in a lease, and for the return of the security deposited thereunder, the plaintiff appeals from an order of the Supreme Court, Nassau County, dated October 7, 1960, which denied his motion, made pursuant to rules 103 and 104 of the Rules of Civil Practice, to strike out defendant's answer as sham and frivolous. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.