Sommerv.Kridel

On March 10, 1972, defendant James Kridel entered into a lease with plaintiff Abraham Sommer for apartment 6-L in the Pierre Apartments in Hackensack for a term from May 1, 1972 until April 30, 1974, with a rent concession for the first six weeks.¹ Kridel paid Sommer $690, with half satisfying the first month's rent and the remainder as a security deposit.² On May 19, 1972, Kridel wrote to Sommer stating that his engagement had been broken, he had no funds of his own as a student supported by his stepfather, and he was surrendering all rights to the apartment while forfeiting the two months' rent already paid.³

Sommer did not answer Kridel's letter.⁴ A third party inquired about renting apartment 6-L but was told that the apartment was not being shown since it was already rented to Kridel.⁵ Sommer did not re-enter the apartment or exhibit it to anyone until August 1, 1973, at which time it was rented to a new tenant for a term beginning September 1, 1973.⁶

In August 1972, Sommer sued Kridel demanding the total amount due for the full two-year term of the lease.⁷ Following a mistrial, Sommer filed an amended complaint seeking the amount due between May 1, 1972 and September 1, 1973.⁸ The trial judge ruled in favor of Kridel, the Appellate Division reversed, and the Supreme Court granted certification.⁹¹⁰

On December 27, 1972, Carlos Perosio entered into a lease with Riverview Realty Co. for apartment 5-G at 2175 Hudson Terrace in Fort Lee for a two-year term from February 1, 1973 until January 31, 1975 at a monthly rental of $450.¹¹ Perosio occupied the apartment until February 1974, after which he vacated the premises having paid rent through January 31, 1974.¹² Riverview Realty filed a complaint on October 31, 1974 demanding payment for the monthly rental from February 1, 1974 through October 31, 1974.¹³ The trial court granted the landlord’s motion for summary judgment against the defendant.¹⁴ The Appellate Division affirmed the trial court.¹⁵ The Supreme Court granted certification.