88 Misc. 2d 937 | N.Y. App. Term. | 1976
The judgment of the court below (see 86 Misc 2d 607) should be affirmed with $10 costs.
Defendant had vacated her apartment on November 1, 1975, although her lease did not expire until June 30, 1977. Plaintiff having rerented this apartment on February 1, 1976, is entitled to prevail on its cause of action to recover rent for November, 1975 through January, 1976.
The court below, rejecting defendant’s contention that plaintiff failed to mitigate damages, held that there is no such duty imposed upon a landlord. This holding is a reiteration of the long-standing rule in New York (Becar v Flues, 64 NY 518; Sancourt Realty Corp. v Dowling, 220 App Div 660; Rottkamp
Concur — Schwartzwald, P. J., Pine and Buschmann, JJ.