Appellate Terms of the Supreme Court of New York December 16, 1908 (Bernstein v. Feldstein)

HENDRICK, J.

It is evident from the record that the jury should have allowed for some depreciation in the value of the fixtures. The testimony of the expert that there would be a depreciation of forty per cent, was qualified by his statement that that meant that all he would pay for it was 60 per cent, of its purchase price, and it was error to permit the testimony to stand as evidence of value.