Lee v Zeitlin

Holding The court affirmed summary judgment for plaintiffs on breach of contract and account stated claims, finding defendants failed to fulfill contractual obligations without valid offset or mitigation defenses. The court also affirmed the denial of summary judgment on defendants’ counterclaim for breach of the implied covenant of good faith and fair dealing as premature due to pending discovery.

The court’s words

the duty to mitigate does not require that the party expose itself to unreasonable risk or expense

2026 NY Slip Op 06010, at the official text

defendants failed to fulfill their contractual obligation to turn over to plaintiffs the $413,731.53 recovery they obtained

2026 NY Slip Op 06010, at the official text

defendants' failure to mitigate damages defense is not a proper basis to deny summary judgment

2026 NY Slip Op 06010, at the official text