Legal Opinion
Birchwood Associates v. Stern
Appellate Terms of the Supreme Court of New York
Decided November 8, 1976PublishedCited by 7 opinions
1Per curiam
The judgment of the court below (see 86 Misc 2d 607) should be affirmed with $10 costs.
Defendant had vacated her apartment on November 1, 1975, although her lease did not expire until June 30, 1977. Plaintiff having rerented this apartment on February 1, 1976, is entitled to prevail on its cause of action to recover rent for November, 1975 through January, 1976.
The court below, rejecting defendant’s contention that plaintiff failed to mitigate damages, held that there is no such duty imposed upon a landlord. This holding is a reiteration of the long-standing rule in New York (Becar v Flues,…
2Cases cited7 opinions
- Becar v. . FluesNew York Court of Appeals · 1876
- 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
- Sancourt Realty Corp. v. DowlingAppellate Division of the Supreme Court of the State of New York · 1927
- Parkwood Realty Co. v. MarcanoCivil Court of the City of New York · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Paragon Industries, Inc. v. WilliamsAppellate Terms of the Supreme Court of New York · 1983
- Syndicate Building Corp. v. LorberAppellate Division of the Supreme Court of the State of New York · 1987
- Rubin v. DondyshCivil Court of the City of New York · 1989
- Duda v. ThompsonNew York Supreme Court · 1996
- Lefrak v. LambertAppellate Terms of the Supreme Court of New York · 1978
2 more not listed; retrieve them via the Exa API.