Whitehouse Estates, Inc. v. Post

OPINION OF THE COURT

Order entered February 16, 1996 reversed, with $10 costs, defendant’s motion for summary judgment is denied, and the second affirmative defense is stricken.

Defendant, a residential tenant of apartment premises at 350 East 52nd Street, Manhattan, vacated the premises in September 1990, prior to the expiration of the lease on December 31, 1990. In this action for rent arrears, Civil Court *559summarily dismissed the complaint upon the ground that plaintiff landlord had failed to raise a factual issue with respect to its duty to mitigate damages under the lease.

As recently…