Holy Properties Limited L.P. v. Kenneth Cole Productions Inc.

661 N.E.2d 694 (1995)

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Nature of the Case

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Facts

In 1985, P and D entered into a written lease for premises in a commercial office building. The term was to commence on January 1, 1985, and end on December 31, 1994. In December 1991, following a change of owners and an alleged deterioration in the level and quality of building services, D vacated the premises. P commenced a summary eviction proceeding for the nonpayment of rent. It obtained a judgment and warrant of eviction on May 19, 1992, and instituted this action seeking rent arrears and damages. At trial, defendant asserted, as an affirmative defense, that P had failed to mitigate damages by deliberately failing to show or offer the premises to prospective replacement tenants. The court entered judgment for P, holding that D had breached the lease without cause and that plaintiff had no duty to mitigate damages. The Appellate Division affirmed. D appealed.