Majority
p. 890Richard F. Abbe, Appellant, v. Charles H. Corbett, Jr., and Another, Respondents.
The undisputed evidence established a surrender of the lease. Summary proceedings, therefore, lay, and it was error to dismiss. The final order of the Municipal Court dismissing the proceeding is, therefore, reversed and a new trial .ordered, costs to abide the event. Woodward, Jenks, Hooker, Rich and Miller, JJ., concurred.