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Supreme Court of New York, Appellate Division

In a remittal to determine damages in a breach of contract action, the supreme court erred in crediting the testimony of defendant’s expert on the issue of the proper capitalization rate because it was not supported by facts in the record. The capitalization rate suggested by plaintiff’s expert was not above question, but as it was the only detailed and factually supported opinion offered, the supreme court should have given it credit. The judgment modified and as modified it was affirmed.