| Weisman, Celler, Spett & Modlin, P.C. v Creadore |
| 2008 NY Slip Op 50821(U) [19 Misc 3d 137(A)] |
| Decided on April 23, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from (1) an order of the Civil Court of the City of New York, New York
County (Debra Rose Samuels, J.), entered January 13, 2006, which granted plaintiff's motion for
summary judgment; and (2) an order (same court and Judge), entered January 23, 2007, which
denied his motion to renew.
Per Curiam.
Orders (Debra Rose Samuels, J.) entered January 13, 2006 and January 23, 2007, affirmed,
with $10 costs.
Plaintiff-landlord made a prima facie showing of entitlement to judgment as a matter of law by establishing that defendant-tenant, without excuse, failed to fulfill his rental obligation under the clear terms of the governing commercial lease agreement. In opposition, tenant failed to raise a triable issue. Tenant's assertion that landlord, although under no legal obligation to do so (see Holy Properties Ltd., L.P. v Kenneth Cole Prods., 87 NY2d 130 [1995]), actually mitigated its rental damages by reletting the office premises to unnamed tenant(s) is entirely speculative and insufficient to withstand summary judgment.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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Decision Date: April 23, 2008