18 N.Y.S. 909 | N.Y. Sup. Ct. | 1892
This action was brought to recover the rent of certain premises in the city of New York. It appeared that the plaintiff had leased to the defendants offices for one year, which was afterwards extended to four years, and that the defendants, on or about the 1st of June of the second year, vacated the said premises; and the question involved is as to whether there-was an accepted surrender, by which they were discharged from the further payment of rent. It was claimed upon the part of the defendants that the plaintiff made an agreement with them that, if they would remove and vacate the premises by a certain time, he would release them from the lease; that the defendants carried out their agreement by vacating the premises in time, and delivering the keys to the plaintiff’s agent, who accepted the same. It was-claimed upon the trial that there could be no surrender of the lease without writing, because it had more than one year to run. That tills position, however, was not well taken is shown by the case of Hurley v. Sehring, (Sup.). 17 N. Y. Supp. 7, and cases there cited. An accepted surrender may terminate any lease; the only question arising being as to whether there has been such acceptance and surrender. It appeared from the evidence offered upon the part of the defendants in the case at bar that they had been occupying, as-above stated, the premises in question, and that they desired to be relieved from the lease which they had entered into, and'made application to the plaintiff's agent to that effect some time in March, stating that they desired to be-released after the 1st of May following. They were told that if they could get. a tenant they would be released. Subsequently, the last week in May, one of the defendants had a conversation with one of the agents of the plaintiff, who-stated to him that there was a party who would take the offices if they would deliver them up immediately; whereupon the defendant told him, “All right;, of course it was short notice, but he would see what he could do. ” He testi