
    Marietta Ludington, Respondent, v. Mary C. Seaton, Appellant.
    Appear from a judgment of the Municipal Court of the city of New York, borough of Manhattan.
    W. R. A. Koehl, for appellant.
    B. L. Ludington, for respondent.
   Per Curiam.

The evidence warrants the conclusion that the repairs on the house were made with the consent of the defendant, and, therefore, the making of such repairs did not constitute an eviction, or operate as a surrender of the lease and acceptance of the surrender by the' plaintiff. Judgment affirmed, with costs to respondent.

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

Judgment affirmed, with costs to respondent.  