
    Maurice S. Keller, Respondent, v. George Simm et al., Appellants.
    Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan.
    Blumenthal, Moss & Eeiner, for appellants.
    J. Goode, for respondent.
   Per Curiam.

The action is not one in equity,' and the Municipal Court had jurisdiction to entertain it. Upon the evidence we are not disposed to interfere with the finding of the justice that there was a written memorandum of lease. The defendants failed to show either eviction or acceptance of a surrender of the premises, or an agreement to release one of the defendants and look to the other.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment affirmed, with costs.  