Legal Opinion
LaSalle Bank National Ass'n v. Nomura Asset Capital Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2007PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.P.
This appeal presents the issue of whether the common-law mitigation of damages rule justifies the complete preclusion of any award of damages to plaintiff for defendants’ established breach of their contractual representations, on the ground that plaintiff failed to take available steps to avoid its damages. We conclude that the record fails to support a complete denial of any damages.
Plaintiff is the trustee for the certificateholders of commercial mortgage pass-through certificates for a pool of 155 commercial mortgage loans originated or acquired by defendant…
2Cases cited4 opinions
- Cornell v. T. V. Development Corp.New York Court of Appeals · 1966
- Smith v. Positive ProductionsDistrict Court, S.D. New York · 2005
- Pencom Systems, Inc. v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1997
- People v. McKissickAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by15 opinions
- Syncora Guarantee Inc. v. EMC Mortgage Corp.District Court, S.D. New York · 2012
- White Plains Plaza Realty, LLC v. Town Sports International, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Eskenazi v. MackoulAppellate Division of the Supreme Court of the State of New York · 2010
- LaSalle Bank National Ass'n v. Nomura Asset Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Whittemore v. YeoAppellate Division of the Supreme Court of the State of New York · 2014
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