
    HENRY H. BUTTERWORTH, as Collector, etc., Respondent, v. HENRY VOLKENING and another, Appellants.
    Lease— Covenant of quiet enjoyment—liaMlity of landlord under.
    
    Under, a covenant of quiet enjoyment contained in a lease, the landlord is not liable for the expenses incurred by the tenant in defending a suit brought by a third person claiming an interest in the leasehold premises, which claim the court, in such suit, decides to be unfounded.
    
    Appeal from a judgment, in favor of the plaintiff, entered upon the report of referee.
    
      Nelson Smith, for the appellants.
    
      Edgar 8. Van Winkle, for the respondent.
    
      
       Kelly v. Dutch Church (2 Hill, 105, 111).
    
   Opinion by Daniels, J.

Davis, P. J., and Beady, J., concurred.

Judgment affirmed.  