Opinion
December 18, 1951.
Present — Glennon, J.P., Dore, Cohn, Callahan and Shientag, JJ.
The reasonable valuation of the premises should have been fixed at $300,000; allowing 8% thereof, or $24,000, as income and $17,500 as expenses, there should have been a gross rental of $41,500. However, from that total there should have been deducted $16,750 which was approximately the amount that the landlord conceded was the rental value for space which was vacant, leaving a net rental of $24,750, which sum the trial court decided was the fair rental value of the commercial space occupied by the tenant. Order, insofar as it fixes the fair rental value of the tenant's space, unanimously affirmed, without costs. Settle order reversing findings inconsistent herewith and making such new findings as are necessary.