Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The determination of the value of the premises was against the weight of evidence. Although the court could consider the so-called "Neisner" lease in fixing value, it was error on the facts in this case to rely on the highly speculative capitalization of net rental income particularly the factor of estimated gross...
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