
    (16 Misc. Rep. 285.)
    NEWCOMBE v. EAGLETON.
    (City Court of New York, General Term.
    March 16, 1896.)
    Lease—Termination op Surety’s Obligation.
    Liability of a surety on a lease terminates with issuance by a justice, in summary proceedings, of a warrant for the removal of the tenant from the premises, as to rent thereafter accruing.
    Appeal from trial term.
    Action by Ida M. Aewcombe against. Thomas Eagleton, surety on a bond conditioned for performance of the conditions of lease from plaintiff to Thomas E. Flannery. The rent for which it was sought to hold defendant accrued after the issuance by a justice, in a summary proceeding by the landlord, of a warrant for the removal of the tenant. From a judgment on a verdict directed for plaintiff, defendant appeals.
    Beversed.
    Argued before FITZSIMOAS, CONLAN, and O’DWYER, JJ.
    Foley & Early, for appellant.
    George Lithauer, for respondent.
   COALAA, J.

Appeal from a judgment entered by direction of the court, and from an order denying a motion for a new trial.' The legal obligation of the defendant as surety on the lease terminated with the issuance of the warrant by the justice.

The judgment should be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.  