Queensboro Dodge, Ltd., Appellant, v. Queens J.K. Management Corp., Doing Business as Metro Dodge, et al., Respondents., 284 A.D.2d 383

Summary

Sublessee had assumed a sublease on the property. Sublessee vacated the property prior to the end of the sublease period. Twelve days later, sublessor assigned its rights under the lease to a third party which took possession immediately. Sublessor claimed that sublessee was liable for the entire balance of the rent due under the sublease, less the amount of rent that the sublessor no longer had to pay as a result of assigning the prime lease. The trial court found, inter alia, that sublessor could recover damages only for the 12 days between the date sublessee vacated the property to the date of the assignment of the prime lease to the third party. The appellate court held that a clause in the sublease providing that the obligation to pay rent was an independent covenant did not entitle sublessor to recover the balance of the rent due under the entire term of the sublease. Sublessor's assignment of the prime leasehold for its own benefit absolved sublessee of further liability.