Opinion
April 6, 1950.
Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ.
Consideration of all the facts and factors in this case leads us to the conclusion that the reasonable rent of the premises in question should be $13,741 per year which sum is computed by disallowing depreciation at the rate of 2% amounting to $2,200 and allowing 6% of $170,000, being the value of the premises of which the value of the land is $60,000, or $10,200, and expenses of $3,541, totaling $13,741. Order appealed from unanimously modified accordingly and, as so modified, affirmed, with $20 costs and disbursements to tenant-respondent-appellant. (Republished nunc pro tunc as of March 23, 1950, the date of the order herein.)