N.Y. Real Property Law § 227-e: Landlord duty to mitigate damages

§ 227-e. Landlord duty to mitigate damages. In any lease or rental

agreement, excluding any real estate purchase contract defined in

paragraphs (a), (c) and (d) of subdivision four of section four hundred

sixty-one of this chapter, covering premises occupied for dwelling

purposes, if a tenant vacates a premises in violation of the terms of

the lease, the landlord shall, in good faith and according to the

landlord's resources and abilities, take reasonable and customary

actions to rent the premises at fair market value or at the rate agreed

to during the term of the tenancy, whichever is lower. If the landlord

rents the premises at fair market value or at the rate agreed to during

the term of the tenancy, the new tenant's lease shall, once in effect,

terminate the previous tenant's lease and mitigate damages otherwise

recoverable against the previous tenant because of such tenant's

vacating the premises. The burden of proof shall be on the party seeking

to recover damages. Any provision in a lease that exempts a landlord's

duty to mitigate damages under this section shall be void as contrary to

public policy.