The plaintiff-landlord has recovered judgment for the rent reserved in a written lease for the period that elapsed between the date the leased premises were abandoned by the tenant, and the date when the landlord relet the premises to another tenant. Such reletting was for a longer term than that of the original lease and worked a surrender and acceptance, as a matter of law ( Gray v. Kaufman Dairy I.C. Co., 162 N.Y. 388), and such reletting by the landlord was done as principal and not as agent of the tenant. Under the lease the tenant remains liable for the rent which accrued between the date of his abandonment of the premises and such reletting. ( Bonsignore v. Koondel, 134 Misc. 344.) Judgment of the County Court of Rockland County unanimously affirmed, with costs.