Holy Properties Limited, L.P. v. Kenneth Cole Productions, Inc.
Court of Appeals of New York
661 N.E.2d 694 (1995)
Kenneth Cole Productions (defendant) abandoned its ten-year commercial lease early, citing deteriorated building services following a change of ownership, and was evicted by the new owner, Holy Properties (plaintiff), which then sued for unpaid rent and damages. Kenneth Cole argued Holy Properties should be barred from full recovery because it failed to mitigate damages by making efforts to find a replacement tenant, but the trial court ruled Kenneth Cole had breached without cause and that Holy Properties had no duty to mitigate.
Whether a landlord has a duty to mitigate damages by seeking a replacement tenant after a commercial tenant abandons the leased premises and is subsequently evicted.