RIOS v. CARRILLO

2007-00058.

2008 NY Slip Op 06143

MARIA RIOS, appellant, v. ALFREDO CARRILLO, respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 1, 2008.


Attorney(s) appearing for the Case

Peter Piddoubny, Astoria, N.Y., for appellant.

Goldberg, Scudieri, Lindenberg & Block, P.C., New York, N.Y. (Robert H. Goldberg of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, FRED T. SANTUCCI, ROBERT A. LIFSON, JJ.


OPINION & ORDER

LIFSON, J.

At issue on this appeal is the question of whether the Supreme Court properly applied the doctrine of mitigation of damages in the context of a default on a residential lease. We reiterate the principle that, in the absence of legislative direction to the contrary, common-law principles control and contrary to lower court authority, an assessment of damages should not require the prevailing party to mitigate damages.

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