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

Court of Appeals of New York
661 N.E.2d 694 (1995)


Facts

Kenneth Cole Productions (Kenneth Cole) (defendant) entered into a lease for space in a commercial office building. The lease was to begin on January 1, 1985, and end on December 31, 1994. In December 1991, following a change of owners and alleged deterioration in the building services, Kenneth Cole vacated the building. The new owner, Holy Properties Limited, L.P. (Holy Properties) (plaintiff), evicted Kenneth Cole. Holy Properties then sued, seeking unpaid rent and damages. At trial, Kenneth Cole asserted that Holy Properties had failed to mitigate damages by deliberately failing to find replacement tenants. The trial court ruled for Holy Properties, holding that Kenneth Cole had breached the lease without cause, and Holy Properties had no duty to mitigate damages. Kenneth Cole appealed.

Rule of Law

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Issue

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Holding and Reasoning (Simons, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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