Opinion
November 19, 1941.
Present — Crosby, P.J., Taylor, Dowling, Harris and McCurn, JJ.
Final order affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal on the law and for granting a new trial on the ground that it was error to exclude evidence of profits derived by the respondent arising from a business conducted by him on the premises. The evidence was competent on the value of the use and enjoyment of the premises. ( People ex rel. Powers v. Kalbfleisch, 25 App. Div. 432, 436; affd., 156 N.Y. 678.) (The final order reduces an assessment on property in the city of Utica.)