MATTER OF BERLUKE, INC.


2 A.D.2d 848 (1956)

In the Matter of Berluke, Inc., Appellant. Herman Rosen et al., Doing Business as Martin Frocks, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 30, 1956


Upon the record presented, the trial court should not have fixed a yearly rental below $6,879.89, which amount is determined on the basis of equal value for all loft space instead of the weighted or adjusted basis urged by the landlord but disregarded by the court. Accordingly, the order appealed from is unanimously reversed and a new trial ordered, unless the petitioning landlord stipulates to accept the fixation of a $6,879.89 yearly rent, in which case the rental is fixed...

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