
    NEW YORK COMMON PLEAS — GERERAL TERM,
    AUGUST, 1894.
    Garrett D. Clark, Appellant, v. Amelia Smith, Respondent.
    Appeal by plaintiff from a judgment of the District Court in the city of Rew York for the third judicial district, rendered by the justice sitting without a jury.
    Action for two months’ rent, claimed to be due under a written lease.
    
      S. V. R. Cooper, for appellant.
    
      Thomas P. Push, for respondent.
   Bookstaver, J.

This appeal presents only questions of fact. There was a direct conflict upon the one vital point in issue, namely: Whether plaintiff accepted the surrender of the premises; and wé are not able to say that the judgment is against the evidence, or the weight of evidence,- nor does it appear that the justice was influenced by prejudice or passion. Mead v. Pope, 7 Misc. Rep. 181.

Judgment must be affirmed, with costs.

Bischoff, J., concurs.

Judgment affirmed, with costs.  