SDM Enterprises rented an apartment to Nancy K. without telling her about a bedbug problem. When the owner later offered to let Nancy out of the lease together with a full refund of the monies she had paid, the woman not only declined that deal but later sued for damages.
After the Kings County Supreme Court denied the landlord’s request to limit its damage-exposure, an appeal followed.
Because SDM failed to show that Nancy had a duty to mitigate, or that she could do so without “unreasonable risk or expense,” the Appellate Division, Second Department, affirmed.
That had to have bugged ‘em.
To view a copy of the Appellate Division’s decision, please use this link: K. v. SDM Enters., Inc.