I concur in the view that the judgment must be reversed. The Appellate Division has decided that, even if the landlord orally promised to release the tenant, and accepted rent from his assignee, these acts did not terminate the lease; 146 App. Div. 824. That decision is binding upon 'this court, and effect can only be given to it by the reversal of this judgment.
Page, J., concurs. '
Judgment reversed and new trial ordered, with costs to appellant to abide event.