CLARK OPERATING v. YOKLEY


120 Misc.2d 631 (1983)

Clark Operating Corp., Petitioner, v. Weldon Yokley, Respondent.

Civil Court of the City of New York, Kings County.

August 9, 1983


Attorney(s) appearing for the Case

Steel & Bellman (Richard Bellman of counsel), for respondent. Pruzan & Pruzan (Peter Pruzan of counsel), for petitioner.


HERBERT KRAMER, J.

Does a tenant have a duty to terminate a tenancy and vacate premises, in mitigation of damages caused by his landlord's intentional infliction of emotional harm?

After the verdict of $50,000 in compensatory damages and $15,000 in punitive damages, the jury required mitigation of 60%. The respondent thereupon moved for judgment, absent such mitigation.

In a case of first impression, this court holds that the doctrine...

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