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GORDON v. ESHAGHOFF

60 A.D.3d 807 (2009)

876 N.Y.S.2d 433

MARIS GORDON, Respondent-Appellant, v. RAYMOND ESHAGHOFF et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 17, 2009.

Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the defendants' contention, the facts adduced at the nonjury trial do not support a finding that there was surrender of the parties' residential lease by operation of law (see Riverside Research Inst. v KMGA, Inc., 68 N.Y.2d 689, 691-692 [1986]; Ventresca Realty Corp. v Houlihan Parnes Corp.,<...

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