¶ Defendants are entitled to recover for the fair market value of use and occupancy of the apartment by plaintiff (less amounts paid) after the expiration of the lease. To the extent that such value of use and occupancy exceeds the amount paid, recovery of such excess is not properly damages because of the preliminary injunction which would be limited to the amount of the undertaking but is rather restitution for unjust enrichment not so limited. (Bedell Co. v Harris...
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