
    Garrett D. Clark, App’lt, v. Amelia Smith, Resp’t.
    
      (New York Common Pleas, General Term,
    
    
      Filed August 1, 1894.)
    
    Appeal—Verdict.
    Where the justice was not influenced by prejudice or passion, and the judgment is not against the evidence or the weight of evidence, a verdict, upon conflicting evidence will stand.
    Appeal by plaintiff from a judgment of the district court in the city of New Yqrk 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 app’lt; Thomas P. Rush, for resp’t.
   Bookstaver, J.

This appeal presents only questions of fact. There was a direct conflict upon the one vital point in issue, namely: whether the plaintiff accepted the surrender of the premises ; and we 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; 57 St. Rep. 535.

The judgment must be affirmed with costs.

Bischoff, J., concurs.  