Sancourt Realty Corp. v. Dowling

In consideration of the execution by plaintiff of a lease to a third party, the defendant covenanted to “ well and truly pay the said rent or any arrears thereof ” in the event of default by the tenant. The defendant pleads the refusal of the landlord to mitigate damages by leasing to a new tenant. This appeal is from the order denying plaintiff’s motion for judgment on the ground of the insufficiency of this defense.

It is settled law that “ the lessor is not required to lease to another if he have an opportunity.” (Becar v. Flues, 64 N. Y. 518.) The usual obligation to reduce damages “ has…