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Assembly restores landlords' duty to mitigate damages in commercial leases
Summary
The Assembly passed a bill restoring a landlord's duty to mitigate damages when commercial tenants breach leases, aligning commercial rules with a 2019 residential change; supporters said it helps small businesses, opponents said it interferes with negotiated contracts.
The Assembly approved legislation (Assembly No. 2611, rules report 4-88) that restores a landlord's common-law duty to mitigate damages in commercial lease cases. The sponsor, Mister Otis, said the change returns New York to the pre-1995 standard and mirrors the duty already restored for residential leases in 2019.
"This is a good bill for small business," Otis said, explaining the duty requires landlords to make reasonable,…
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