Lefrak v. Lambert

403 N.Y.S.2d 397 (1978)

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Nature of the Case

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Facts

D leased an apartment from P. D appeared pro se and told the court of his plight and that he would pay any fair amount decided upon. D offered no defense and the sole issue before the court was liability for damages. P claimed unpaid rent of $4552 and $910 in legal fees. The apartment stood vacant for 17 months. P produces no witness nor records to show that an effort was made to rent D's specific apartment. The court decided that P failed to establish that he acted in good faith in rerenting the apartment. The court found that the damages were only $891 as P had failed to mitigate his damages. P appealed.