The plaintiff is now and for many years has been the owner of the premises on the southwest corner of Warren and Greenwich streets, in
For loss of rental value, - - - - - $1,000 00
For gas bill, - - - - -• 50 00
For exemplary damages, - . - - - - 06
For legal expenses, ----- 450 00
Making an aggregate of - - - - $1,500 06
—for which amount judgment was entered, and from which both parties take an appeal; the plaintiff’s appeal being on the ground that the damage for loss of rental value was insufficient, and the defendants upon the ground that the gas bill, legal expenses, and exemplary damages were improperly allowed. The appeals were separately argued, the plaintiff’s having been argued at the May general term, 1891, and the defendants’ at the November term. This court handed down a decision in the latter case in February last modifying the judgment. Owing to the death of Judge Allen, who sat with the other judges, the decision was overlooked, but the decision on defendants’ appeal has substantially disposed of all the questions raised upon this appeal. 17 N. Y. Supp. 536. We have, however, carefully examined the record, and do not think that any sufficient, reason has been shown for disturbing the verdict of the jury in regard to the loss to the rental value of the premises, and the judgment appealed from is therefore affirmed as to this, with one bill of costs to the defendants, respondents on that appeal.
