New York Court of Appeals

172 Van Duzer Realty Corp., Respondent v. Globe Alumni Student Assistance Association, Inc., Appellants

December 19, 201424 N.Y.3d 528

Summary

The Court held that the lease’s acceleration clause is enforceable despite lease termination and landlord possession, rejected the res judicata bar, and remanded for a hearing on whether the clause constitutes an unlawful penalty. It also reaffirmed that a landlord has no duty to mitigate damages by re‑letting the premises.