
    Milo Thomas, 1st., Appellant, v. McCurdy & Company, Inc., Respondent.
   Judgment and orders affirmed, with costs. All concur. (The judgment dismisses the complaint in an action for specific performance. One order denies plaintiff’s motion to restrain defendant from commencing a summary proceeding and grants defendant’s motion to dismiss plaintiff’s complaint. The second order settles the record on appeal.) Present — Taylor, P. J, Dowling, Harris, Larkin and Love, JJ.  