Opinion
April, 1924.
Present — Kelly, P.J., Rich, Jaycox, Manning and Young, JJ.
Judgment unanimously affirmed, with costs. We agree with the learned Special Term that the demised building was destroyed by the fire, within the terms of the lease. The work required to restore the ruined garage was rebuilding of the structure, not repairs. Therefore, the lease was at an end and the tenant was entitled to a return of the deposit.