Holy Properties Limited, L. P., Respondent, v. Kenneth Cole Productions, Inc., Appellant., 87 N.Y.2d 130

Summary

The parties entered into a 10-year written lease for premises in a commercial office building. Six years later, following a change of owners and an alleged deterioration in the level and quality of building services, the tenant vacated the premises. In a summary eviction proceeding for the nonpayment of rent, the landlord obtained a judgment and warrant of eviction and subsequently instituted this action seeking rent arrears and damages. At trial the tenant asserted, as an affirmative defense, that the landlord had failed to mitigate damages by deliberately failing to show or offer the premises to prospective replacement tenants. The trial court entered judgment for the landlord, holding that defendant had breached the lease without cause and that plaintiff had no duty to mitigate damages. The Appellate Division affirmed. On appeal, the court held that the leases were not subject to rule of mitigation, and held that the landlord had no duty to mitigate its damages after the tenant's ...