In re the City of New York

Per Curiam,.

The fee owner lessor appeals from a final decree in condemnation. The decree apportioned $42,000 of the award to the lessee.

This is the second appeal, taken after a second trial.

This court previously held, upon the appeal from the first trial (Matter of City of New York [Bronx Riv. Expressway], 278 App. Div. 813), that Special Term applied an erroneous measure of damage. We said then (278 App. Div. 814):

“ The fair market value of the leasehold must be determined. Such value is measured by the excess of rental value over rent reserved. All the provisions of the lease, including…