Opinion
November 13, 1924.
Sillcocks, Gedney Holmes ( Henry Sillcocks, of counsel), for the appellant.
Joseph H. Hayes, for the respondents.
The refusal of the trial judge to charge the jury in accordance with our decision in Markwin Realty Corp. v. Geisler, 122 Misc. 697; affd., 210 A.D. 845, that the space occupied by the stores in the premises should be considered in determining a reasonable rental as so much apartment space and chargeable only with the rent which would be reasonable for such apartment space, was error and requires a reversal of the judgment.
Judgment reversed and a new trial ordered, with twenty dollars costs to appellant.
All concur; present, GUY, BIJUR and MULLAN, JJ.