Rios v. Carrillo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lifson, J.
At issue on this appeal is the question of whether the Supreme Court properly applied the doctrine of mitigation of damages in the context of a default on a residential lease. We reiterate the principle that, in the absence of legislative direction to the contrary, common-law principles control and contrary to lower court authority, an assessment of damages should not require the prevailing party to mitigate damages.
In 2000 the plaintiff landlord leased a residential apartment to the defendant tenant for a term of two years. Around October 2001 the defendant…
2Cases cited8 opinions
- Holy Properties Ltd. v. Kenneth Cole Productions, Inc.New York Court of Appeals · 1995
- Riverside Research Institute v. KMGA, Inc.New York Court of Appeals · 1986
- BGW Development Corp. v. Mount Kisco Lodge No. 1552Appellate Division of the Supreme Court of the State of New York · 1998
- Paragon Industries, Inc. v. WilliamsAppellate Terms of the Supreme Court of New York · 1983
- Duda v. ThompsonNew York Supreme Court · 1996
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