Legal Opinion
29 Holding Corp. v. Diaz
New York Supreme Court
Decided March 31, 2004PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Paul A. Victor, J.
Plaintiff moves for summary judgment against defendant Reinaldo Colon, the guarantor of a residential lease. No other defendants have appeared in this action.
Issue Presented
Does this court have the authority to depart from First Department, Appellate Term, precedent which, based on an antiquated Court of Appeals case, holds that residential landlords have no duty to mitigate damages?1 Although most persons appear to believe that a lessor has a duty to mitigate in a residential setting but not a commercial setting, this view is an uninformed and…
2Cases cited25 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
- Holy Properties Ltd. v. Kenneth Cole Productions, Inc.New York Court of Appeals · 1995
- Becar v. . FluesNew York Court of Appeals · 1876
20 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- 14 E. 4th St. Unit 509 LLC v. ToporekAppellate Division of the Supreme Court of the State of New York · 2022
- People v. GarciaNew York Supreme Court · 2008
- People v. BurgosNew York Supreme Court · 2012
- 29 Holding Corp. v. DiazNew York Supreme Court, Bronx County · 2004
- Batiz v. CSA Preserv. Partners LLC, Civil Court Of The City Of New York, Bronx County2025
2 more not listed; retrieve them via the Exa API.