§490:2A-507  Proof of market rent:  time and

place.  (a)  Damages based on market rent (section 490:2A-519 or

490:2A-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 time of the default.

     (b)  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.

     (c)  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 that party has given

the other party notice the court finds sufficient to prevent unfair surprise.

     (d)  If the prevailing rent or value of any

goods regularly leased in any established market is in issue, reports in

official publications or 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. [L 1991, c 40, pt of §1]