Herrman v. Laemmle — 126 A.D. 906

p. 906

James S. Herrman, Respondent, v. Joseph Laemmle, Appellant, Impleaded with Others.

Headnote

Landloi'd and tenant — covenant to deliver in good order at end of term, demised— effect of a prior surrender.

Appeal from a determination of the Appellate Term.

Determination affirmed; with costs.

No opinion.

Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ.; Ingraham, J., dissented in memorandum.

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 arose at its termination, the surrender relieved the lessee from liability under the covenants.