Lefrak v. Lambert

OPINION OF THE COURT

Memorandum.

Judgment of the court below (89 Mise 2d 197) unanimously *633modified by increasing the amount of plaintiffs recovery to $4,222 plus attorney’s fees in the sum of $750; as so modified, affirmed, without costs.

Defendant herein vacated his apartment before the expiration of his term and plaintiff relet it some months thereafter. It is our opinion that under the circumstances herein plaintiff is entitled to prevail on his cause of action to recover rent for the period that the apartment remained vacant.

While there seems to be a trend whereby the courts have been…