In an action to recover damages allegedly suffered as the result of defendants' refusal to deliver possession of two rooming houses which plaintiff alleged had been leased to her intestate by the defendants' predecessors in title, judgment in favor of plaintiff reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. In our opinion, on the evidence presented, it was error to compute plaintiff's damages on the basis of the profits which could have been earned had possession been delivered and the rooming houses conducted by plaintiff's intestate, or his successors in interest, during the 1945 season. ( Friedland v. Myers, 139 N.Y. 432; Dodds v. Hakes, 114 N.Y. 260; Williamson v. Stevens, 84 App. Div. 518; Strauss v. Hoch, 162 App. Div. 569; Witherbee v. Meyer, 155 N.Y. 446.) Nolan, P.J., Carswell, Adel, Sneed and MacCrate, JJ., concur.