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.