Opinion
Argued May 16, 1962
Decided June 12, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BENJAMIN F. SCHREIBER, J.
Manuel Weiss, William T. Harris and Karl G. Kolish for appellant.
Leo A. Larkin, Corporation Counsel ( Edith I. Spivack and Edward J. McLaughlin of counsel), for respondents.
Order of Appellate Division reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division, in the following memorandum: In this tax certiorari assessment proceeding we are called upon to determine whether the weight of evidence supports the modification as made by the Appellate Division or the decision of Special Term ( People ex rel. MacCracken v. Miller, 291 N.Y. 55). Both of the experts who testified placed almost complete reliance on capitalization of income to support their diverse opinions as to the value of the building in question. The respondents' expert, however, used estimated rentals considerably above the actual rental received and, in addition, made a substantial error in computing the gross rental area. On this record, we think the weight of the evidence is more in accord with the decision made at Special Term than with the modification made by the Appellate Division. The order of the Appellate Division should be reversed, with costs in this court and in the Appellate Division, and the order of Special Term reinstated. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER. Taking no part: Judge BURKE.