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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47178 Justice Victor AFTER TWICE renewing her lease, a tenant abandoned her apartment. Claiming that it held no duty to mitigate damages, the landlord sought, from a guarantor, rent owed from May 1997 to April 1998. In Paragon Industries Inc. v. Williams, the Appellate Term, Second Department, recognized a duty to mitigate in a residential case. However, relying on Becar v. Flues, which held that a residential landlord has no duty to mitigate damages, the Court of Appeals, in Holy Properties LP v. Kenneth Cole Productions Inc., held that a commercial landlord has no duty to mitigate damages. Deeming Holy Properties limited to commercial premises, the court required the landlord to show its reasonable, diligent re-rental efforts at an inquest on damages. The court said that “[t]he concept that a landlord can hold a residential tenant hostage to . . . a lease, doing nothing and permitting damages to accrue when the leased premises are readily marketable is clearly contrary to common sense, . . . and notions of equity and justice.”

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