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HOLY PROPS. LTD. v. KENNETH COLE PRODS., INC.

208 A.D.2d 394 (1994)

617 N.Y.S.2d 159

Holy Properties Limited, L.P., Respondent, v. Kenneth Cole Productions, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 11, 1994

A commercial landlord is under no duty to mitigate damages when a tenant unjustifiably abandons the leased premises prior to the expiration of the lease term (see, Becar v Flues, 64 N.Y. 18; Syndicate Bldg. Corp. v Lorber, 128 A.D.2d 381, 381-382). Moreover, in this case paragraph 18 of the lease between the parties expressly provides that under the circumstances here present...

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