¶1The undisputed evidence established a surrender of the lease. Summary proceedings, therefore, lay, and it was error to dismiss. The final order of the Municipal Court dismissing the proceeding is, therefore, reversed and a new trial .ordered, costs to abide the event. Woodward, Jenks, Hooker, Rich and Miller, JJ., concurred.
115 A.D. 890
Abbe v. Corbett
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1906
Appellate Division of the Supreme Court of the State of New York · decided 1906-10-15
Decided 1906-10-15