Order unanimously affirmed, with $10 costs and disbursements. (Petterson v. Radspi Realty & Coal Corp., 264 App. Div. 903, affd. 290 N.Y. 645; Hansen v. Pattberg, 212 App. Div. 49; cf. Junius Constr. Corp. v. Cohen, 257 N.Y. 393, 399.)
While summary judgment was properly granted as to the breach of the covenant against encumbrances because of the nature of the encumbrance, plaintiff could not have judgment for damages for breach of the covenant...
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