2006 New York Code - Proof Of Market Rent

 
  Section 2-A-507. Proof of Market Rent: Time and Place.
    (1)  Damages  based  on  market  rent (Section 2-A-519 or 2-A-528) are
  determined according to the rent for the use of the goods concerned  for
  a lease term identical to the remaining lease term of the original lease
  agreement  and prevailing at the times specified in Sections 2-A-519 and
  2-A-528.
    (2) If evidence of rent for the use of the goods concerned for a lease
  term identical to  the  remaining  lease  term  of  the  original  lease
  agreement  and  prevailing  at  the  times  or  places described in this
  Article is  not  readily  available,  the  rent  prevailing  within  any
  reasonable time before or after the time described or at any other place
  or  for  a  different  lease  term which in commercial judgment or under
  usage of trade would serve  as  a  reasonable  substitute  for  the  one
  described  may  be used, making any proper allowance for the difference,
  including the cost of transporting the goods to or from the other place.
    (3) Evidence of a relevant rent prevailing at a time or place or for a
  lease term other than the one described in this Article offered  by  one
  party  is  not admissible unless and until he or she has given the other
  party notice the court finds sufficient to prevent unfair surprise.
    (4) If the prevailing rent or value of any goods regularly  leased  in
  any  established market is in issue, reports in official publications of
  trade journals or in newspapers or periodicals  of  general  circulation
  published  as the reports of that market are admissible in evidence. The
  circumstances of the preparation of the report may be  shown  to  affect
  its weight but not its admissibility.