
    HERRMAN v. LAEMMLE et al.
    (Supreme Court, Appellate Division, First Department.
    May 15, 1908.)
    Appeal from Appellate Term. Action by James S. Herrman against Joseph Laemmle and others. From a judgment of the Appellate Term, reversing a judgment of the City Court of Hew York (107 N. Y. Supp. 73), setting aside a verdict in favor of plaintiff and dismissing his complaint on the merits, defendant Laemmle appeals. Affirmed, without opinion.
    Wm. F. Wund, for appellant.
    Richard T. Greene, for respondent.
   PER CURIAM.

Determination affirmed, with costs.

INGRAHAM, J.

I dissent, on the ground that by the lease the covenant was to deliver possession in good order at the termination of the term demised. As the surrender terminated the lease and relieved the lessee from its covenants, and no obligation existed, except under the covenants of the lease, and it arose at its termination, the surrender relieved the lessee from liability under the covenants.  