Appellate Division of the Supreme Court of the State of New York November 13, 2007 (LaSalle Bank National Ass'n v. Nomura Asset Capital Corp.)

OPINION OF THE COURT

Saxe, J.P.

This appeal presents the issue of whether the common-law mitigation of damages rule justifies the complete preclusion of any award of damages to plaintiff for defendants’ established breach of their contractual representations, on the ground that plaintiff failed to take available steps to avoid its damages.