Legal Opinion
Paragon Industries, Inc. v. Williams
Appellate Terms of the Supreme Court of New York
Decided August 4, 1983PublishedCited by 20 opinions
1Opinion of the Court
opinion of the court
Memorandum.
Judgment unanimously modified by vacating the dismissal of plaintiff’s first cause of action and remanding the matter for a new trial. As so modified, judgment affirmed, without costs.
In this action by a landlord for rents accruing after a tenant’s abandonment of the premises, the issue is whether it was incumbent upon the landlord to prove as part of its direct case that it attempted to mitigate damages by reletting the premises. We hold that it was.
It was long the established rule in this State, as in many other jurisdictions, that a landlord was under no duty…
2Cases cited10 opinions
- Becar v. . FluesNew York Court of Appeals · 1876
- In Re the General Assignment of HevenorNew York Court of Appeals · 1895
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- 57 E. 54 Realty Corp. v. Gay Nineties Realty Corp.Appellate Terms of the Supreme Court of New York · 1972
- Centurian Development Ltd. v. Kenford Co.Appellate Division of the Supreme Court of the State of New York · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Fanarjian v. MoskowitzNew Jersey Superior Court Appellate Division · 1989
- Snyder v. AmbroseAppellate Court of Illinois · 1994
- Rubin v. DondyshCivil Court of the City of New York · 1989
- Rios v. CarrilloAppellate Division of the Supreme Court of the State of New York · 2008
- 29 Holding Corp. v. DiazNew York Supreme Court · 2004
15 more not listed; retrieve them via the Exa API.