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Duda v. Thompson

New York Supreme Court
647 N.Y.S.2d 401 (1996)


Facts

Randy Thompson (defendant) renewed a two-year lease for a house owned by Carol Duda (plaintiff) for a term beginning January 1, 1995 and ending December 30, 1996. The lease provided for an annual rent of $19,200, to be paid in monthly installments. In the event that Thompson defaulted on payments, the lease required automatic acceleration of the entire balance. Further, the lease permitted, but did not obligate, Duda to re-enter and re-rent the property, thereafter crediting any newly received rent payments to the cost of re-letting and to Thompson’s unpaid portion. Thompson defaulted on three monthly installments between November 1995 and January 1996. Duda provided Thompson notice of default and acceleration, and subsequently brought suit seeking the unpaid installments. During the suit, in June 1996, Thompson’s counsel notified the court that Thompson had vacated the property in March of that year. Thompson contended that he was not liable for the full amount sought because Duda was obligated the mitigate rental damages and had not done so.

Rule of Law

Issue

Holding and Reasoning (Donovan, J.)

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