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RUBIN v. DONDYSH

146 Misc.2d 37 (1989)

Morris Rubin, Plaintiff, v. Leon Dondysh, Defendant.

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

December 19, 1989

Attorney(s) appearing for the Case

Horing & Welikson (Niles C. Welikson of counsel), for plaintiff. Field, Field & Field (Carl M. Field of counsel), for defendant.

DAVID GOLDSTEIN, J.

This is a motion by plaintiff for summary judgment, pursuant to CPLR 3212, in this action to recover $18,200 rent for the two-year period, up until July 1989, after defendant vacated the premises. At issue is whether a commercial landlord should have a duty to mitigate its loss, or whether he may leave the premises vacant and proceed against the former tenant for accrued rent.

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