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29 HOLDING CORP. v. DIAZ

3 Misc.3d 808 (2004)

775 N.Y.S.2d 807

29 HOLDING CORP., Plaintiff, v. LIZABETH DIAZ et al., Defendants.

Supreme Court, Bronx County.

March 31, 2004.

Attorney(s) appearing for the Case

Marshall E. Bloomfield, Bronx, for plaintiff.

Ramirez Torres Martinez, LLP, Bronx (Alberto Torres of counsel), for Reinaldo Colon, defendant.

OPINION OF THE COURT

PAUL A. VICTOR, J.

Plaintiff moves for summary judgment against defendant Reinaldo Colon, the guarantor of a residential lease. No other defendants have appeared in this action.

Issue Presented

Does this court have the authority to depart from First Department, Appellate Term, precedent which, based on an antiquated Court of Appeals case, holds that residential landlords have no duty to mitigate damages?

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