Comar Babylon Co. v. Goldberg

Appellate Division of the Supreme Court of New York

Comar Babylon Co. v. Goldberg

116 A.D.2d 551, 497 N.Y.S.2d 405, 1986 N.Y. App. Div. LEXIS 51404

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 13, 1986

StatusPublished

Cited by2 cases

This text of 116 A.D.2d 551 (Comar Babylon Co. v. Goldberg) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Comar Babylon Co. v. Goldberg, 116 A.D.2d 551, 497 N.Y.S.2d 405, 1986 N.Y. App. Div. LEXIS 51404 (N.Y. Ct. App. 1986).

Pincite

Opinion

In an action to recover rent and related charges pursuant to a lease, defendant tenant appeals from a judgment of the Supreme Court, Nassau County (Vitale, J.), dated July 16, 1984, which awarded plaintiff landlord the sum of $25,567.87.

Judgment affirmed, with costs.

Appellant vacated the commercial space he rented from respondent three years prior to the expiration of the term of the lease. On appeal he urges this court to reverse the judgment and hold that a landlord of commercial space has a duty to mitigate damages upon a tenant’s breach of a lease. That general proposition is not before us since we agree that respondent landlord diligently and reasonably attempted to mitigate damages. Respondent landlord placed a for-rent sign in the store window, advertised in a newspaper and informed [552]*552any prospective tenants who inquired as to space in its other shopping centers of the vacancy (see, Parkwood Realty Co. v Marcano, 77 Misc 2d 690). The space was rented almost two years prior to the expiration of appellant’s lease.

In any event, the lease itself provided that the landlord was under no obligation to mitigate damages. Lazer, J. P., Rubin, Kunzeman and Kooper, JJ., concur.

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In an action to recover rent and related charges pursuant to a lease, defendant tenant appeals from a judgment of the Supreme Court, Nassau County (Vitale, J.), dated July 16, 1984, which awarded plaintiff landlord the sum of $25,567.87.

Judgment affirmed, with costs.

Appellant vacated the commercial space he rented from respondent three years prior to the expiration of the term of the lease. On appeal he urges this court to reverse the judgment and hold that a landlord of commercial space has a duty to mitigate damages upon a tenant’s breach of a lease. That general proposition is not before us since we agree that respondent landlord diligently and reasonably attempted to mitigate damages. Respondent landlord placed a for-rent sign in the store window, advertised in a newspaper and informed [552]*552any prospective tenants who inquired as to space in its other shopping centers of the vacancy (see, Parkwood Realty Co. v Marcano, 77 Misc 2d 690). The space was rented almost two years prior to the expiration of appellant’s lease.

In any event, the lease itself provided that the landlord was under no obligation to mitigate damages. Lazer, J. P., Rubin, Kunzeman and Kooper, JJ., concur.

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Bluebook (online)

116 A.D.2d 551, 497 N.Y.S.2d 405, 1986 N.Y. App. Div. LEXIS 51404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comar-babylon-co-v-goldberg-nyappdiv-1986.

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