This appeal presents only questions of fact. There was a direct conflict upon the one vital point in issue, namely, whether plaintiff accepted the surrender of the premises; and we are not able to say that the judgment is against the evidence, or the weight of evidence, nor does it appear that the justice was influenced by prejudice or passion. Mead v. Pope, 7 Misc. Rep. 181, 27 N. Y. Supp. 338. Judgment must be affirmed, with costs.