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SOMMER v. KRIDEL

74 N.J. 446 (1977)

378 A.2d 767

ABRAHAM SOMMER, PLAINTIFF-RESPONDENT, v. JAMES A. KRIDEL, JR., DEFENDANT-APPELLANT. RIVERVIEW REALTY CO., PLAINTIFF-RESPONDENT, v. CARLOS PEROSIO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 29, 1977.

Attorney(s) appearing for the Case

Mr. Melvyn A. Bergstein argued the cause for appellant James A. Kridel, Jr. (Messrs. Margolis and Bergstein, attorneys; Mr. Donald T. Okner on the brief).

Mr. William Goldberg argued the cause for appellant Carlos Perosio.

Mr. James A. Major argued the cause for respondent Abraham Sommer (Messrs. Major and Major, attorneys).

Mr. Solomon Weinstein argued the cause for respondent Riverview Realty Company.

The opinion of the court was delivered by PASHMAN, J.

We granted certification in these cases to consider whether a landlord seeking damages from a defaulting tenant is under a duty to mitigate damages by making reasonable efforts to re-let an apartment wrongfully vacated by the tenant. Separate parts of the Appellate Division held that, in accordance with their respective leases, the landlords in both cases could recover rents due under the leases regardless of whether...

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