Judgment unanimously reversed, on the law and facts, without costs, and a new trial granted.
Memorandum:
In this condemnation proceeding, the court fixed the market value of a motel and restaurant complex, less fixtures, at $1,700,000. The court correctly rejected the income approach to value offered by the owner's appraiser since he capitalized, not the fair rental value of the property, but the gross profits of the business (see Humbert v State of New...
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