¶1The evidence seems to bring the case within the ruling of the court in Haynes v. Aldrich, 133 N. Y. 287, and justifies the verdict rendered.
¶2There is no evidence warranting a finding that any surrender by the landlord had been accepted.
¶3Hence there was nothing to go to the jury.
¶4We find no error, and the judgment appealed from must be affirmed, with costs.
¶5Fitzsimons, J., concurs.
¶6Judgment affirmed, with costs.