Definition of damage mitigation

[maacgleeen]

I moved out of a large apartment bldg in Manhattan last year (Rent stabilized I think). I broke a two year lease for financial reasons (I did stay one full year, gave ll more than two months notice, made apt available for them to show.)

One year hence, ll is suing for nearly one year's rent. My understanding from reading other posts on this forum is that ll's obligation to mitigate damages is unclear in any case, and would appreciate further color on this issue --does it just depend on the judge for example, or the circumstances, and if so, which circumstances?

My situation is made much more difficult as my bldg. was large and had many vacancies (many apts still "virgin" as the bldg was new). Thus the ll likely filled other apartments before mine. In my view filling these "virgin" apartments first is contrary to the notion of mitigating damages. The rental office always had a steady flow of people coming in, and I find it hard to believe that none of them would have taken an interest in the place (none saw it while I was living there).

Assuming I am right about what the ll did, does it make a difference legally? Am I deluding myself?

If we go to court, does a judge simply decide my fate?