Appellate Division of the Supreme Court of the State of New York May 15, 1908 (Herrman v. Laemmle)

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