Bookstaver, J.
This appeal presents only questions of fact. There was a direct conflict upon the one vital point in issue, namely: Whether plaintiff accepted the surrender of the premises; and wé 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. Judgment must be affirmed, with costs.
Bischoff, J., concurs.
Judgment affirmed, with costs.