Matter of Court & Remsen Bldg. Corp.(pollack)

Quite apart from other considerations, the absence of any evidence establishing the gross income received by the landlord from the property — recitals in a bill of particulars do not constitute proof (see, e.g., Roscoe Lbr. Co. v. Standard Silica Cement Co., 62 App. Div. 421, 423-424) — prevents the proceeding, concededly brought as an alternative square foot proceeding (Business Rent Law, § 4, subd. 2; McKinney’s Unconsol. Laws, § 8554, subd. 2), from being considered or treated as one under the original net fair return provision of the statute. (Business Rent Law, § 4, subd. 1; L. 1945, ch.…