Majority
p. 1011In the Matter of City Bank Farmers Trust Company, as Trustee under the Will of Francis S. Kinney, Deceased, Appellant. Quality Dress Corporation et al., Respondents.
On all the relevant factors disclosed in this record, Special Term should have found $385,000 to be the fair value of the entire premises and fixed the fair rental value of the entire second floor at $4,300 per annum. The order appealed from is unanimously modified so as to fix the fair rental value at $4,300 per annum and, as so modified, affirmed, with costs and disbursements to appellant. Settle order on notice. Present — Peck, P. J., Glennon, Dore and Callahan, JJ.