
    PUGH, Respondent, v. O’ROURKE, Appellant.
    (Supreme Court, Appellate Term.
    June, 1901.)
    Action by Paul B. Pugh against Thomas F. O’Rourke.
    E. M. Friend, for appellant. H. S. Mack, for respondent.
   PER CURIAM.

It seems to us that the acceptance of the keys of the apartment and the immediate efforts of the plaintiff to relet the same on his own account were sufficient evidence of the plaintiff’s acceptance of the surrender. The allowance of the full rent due was therefore error. The judgment below should have been limited to the sum of $80, due June 19, 1900. If the principal recovery shall be by stipulation reduced to that sum, with interest, the judgment in that event will he affirmed, without costs in this court. If not so reduced, the judgment will be reversed, and a new trial ordered, with costs to abide the event. Judgment affirmed, without costs, if reduced to $80. If not so reduced, judgment reversed, with costs to abide event.  