CARISI v. WAX


192 N.J. Super. 536 (1983)

471 A.2d 439

JOHN CARISI T/A ALBANO FASHION SHOES, PLAINTIFF, v. BERNARD WAX, T/A PETER PAN, DEFENDANT.

Superior Court of New Jersey, District Court, Bergen County.

September 6, 1983.


Attorney(s) appearing for the Case

Richard P. Galler for plaintiff (Gladstone, Hart & Rathe, attorneys).

William Hogan for defendant (Lesser & Hogan, attorneys).


YANOFF, J.S.C. (temporarily assigned retired, on recall).

This opinion is an extension of an oral opinion rendered September 6, 1983.

This case involves the question whether a commercial landlord has an obligation to mitigate damages upon tenant's breach of a commercial lease. This is precisely the issue reserved by our Supreme Court in Sommer v. Kridel, 74 N.J. 446 (1977), at 456 n. 4. In Ringwood Associates, Ltd...

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