Harrison Riverside Limited Partnership v. Eagle Affiliates, Inc.

The opinion of the court was delivered by

STERN, J.A.D.

Defendant former tenant appeals from the grant of a partial summary judgment in the amount of $259,256 which has been certified as final pursuant to R. 4:42-2. The judgment was based on the trial judge’s letter opinion dated January 3, 1997 which concluded that even in the absence of plaintiffs reasonable efforts *472to mitigate damages, plaintiff would be entitled to the difference between the fair market rental value ($3.00 net per square foot) and the rent due under defendant’s lease ($4.85 net per square foot) for the period May 1, 1995…