Legal Opinion
Rubin v. Dondysh
Civil Court of the City of New York
Decided December 19, 1989PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
David Goldstein, J.
This is a motion by plaintiff for summary judgment, pursuant to CPLR 3212, in this action to recover $18,200 rent for the two-year period, up until July 1989, after defendant vacated the premises. At issue is whether a commercial landlord should have a duty to mitigate its loss, or whether he *38may leave the premises vacant and proceed against the former tenant for accrued rent.
FACTS
Plaintiff is the owner and lessor of 110-20 73rd Road, Forest Hills, New York. On July 21, 1983, the parties entered into a lease, by which apartment 2-J was rented to…
2Cases cited33 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- People v. HobsonNew York Court of Appeals · 1976
- Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
- Bing v. ThunigNew York Court of Appeals · 1957
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3Cited by10 opinions
- Frenchtown Square Partnership v. Lemstone, Inc.Ohio Supreme Court · 2003
- In Re Andover Togs, Inc.United States Bankruptcy Court, S.D. New York · 1999
- 29 Holding Corp. v. DiazNew York Supreme Court · 2004
- Grays v. BrooksCivil Court of the City of New York · 1990
- In Re Ames Dept. Stores, Inc.United States Bankruptcy Court, S.D. New York · 1993
5 more not listed; retrieve them via the Exa API.