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HARRISON RIVERSIDE LTD. PARTNERSHIP v. EAGLE AFFIL., INC.

309 N.J. Super. 470 (1998)

HARRISON RIVERSIDE LIMITED PARTNERSHIP, PLAINTIFF-RESPONDENT, v. EAGLE AFFILIATES, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1998.

Attorney(s) appearing for the Case

John J. Markwardt argued the cause for appellant (Markwardt & Sander, attorneys; Mr. Markwardt, on the brief).

D. Mark Leonard argued the cause for respondent (Horowitz, Rubino & Patton, attorneys; Mr. Leonard, on the brief).

Before Judges STERN, KLEINER and KIMMELMAN.

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

Defendant former tenant appeals from the grant of a partial summary judgment in the amount of $259,256 which has been certified as final pursuant to R. 4:42-2. The judgment was based on the trial judge's letter opinion dated January 3, 1997 which concluded that even in the absence of plaintiff's reasonable efforts to mitigate damages, plaintiff would be entitled...

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