A review of the evidence demonstrates that plaintiff neglected to use reasonable diligence to mitigate his damages after his employment with defendant was terminated (see, Cornell v. T.V. Dev. Corp., 17 N.Y.2d 69).
We also note that qualification for unemployment benefits under article 18 of New York's Labor Law does not necessarily demonstrate that plaintiff diligently attempted to mitigate the damages.
We have considered all other issues and find them to be without merit.
Concur — Ellerin, J.P., Kupferman, Ross, Asch and Kassal, JJ.