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FANARJIAN v. MOSKOWITZ

237 N.J. Super. 395 (1989)

568 A.2d 94

MANUEL P. FANARJIAN AND DAVID K. MARX, JR., PLAINTIFFS-APPELLANTS, v. JOEL MOSKOWITZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Manuel P. Fanarjian argued the cause for appellants (Marx & Fanarjian, attorneys; Manuel P. Fanarjian, on the brief).

Jay A. Yanavok argued the cause for respondent (Wiener & Binder, attorneys; Larry I. Wiener and Roy H. Binder, of counsel; Jay A. Yanavok, on the brief).

Before Judges PETRELLA, O'BRIEN and HAVEY.

The opinion of the court was delivered by PETRELLA, P.J.A.D.

This tenancy appeal raises the issue of whether landlords of a commercial building have a duty to mitigate damages when a tenant breaches the lease. We conclude that reason and logic dictate that the better view is that such a duty to mitigate should exist, and accordingly affirm the decision of the Special Civil Part which so held.

Plaintiffs Manuel...

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