
    LIVINGSTON et al. v. LAWRENCE.
    (City* Court of New York, General Term.
    October 20, 1893.)
    Action by John Livingston and others against Percy N. Lawrence. From a judgment entered on a verdict directed in favor of plaintiffs, defendant appeals.
    Argued before EHRLICH, C. J., and NEWBURGER and MCCARTHY, JJ.
    B. Benneville-, for appellant.
    Weekes Bros., for respondents,
   EHRLICH, C. J.

There was no allegation of fraud, nor of rescission therefor, and no allegation that the defendant had vacated or surrendered the premises, and the matters sought to be proved did not rise to the dignity of an eviction or defense. For these reasons, the judgment appealed from must be affirmed, with costs. All concur.  