John Gray, Respondent v. the Kaufman Dairy and Ice Cream Company, Appellant

Summary

The New York Court of Appeals reversed the lower court's judgment and ordered a new trial, holding that the landlord's reletting of the premises after the tenant's abandonment did not create a surrender by operation of law because the tenant's silence to the landlord's letters did not constitute assent. The dissent argued that the evidence showed the tenant had assented to the reletting.