A Cut Above Sandwiches, Inc. v. Equitable Life Assurance Society of United States

Banke, Judge.

This is a landlord-tenant dispute. The appellee owns an office park in which the appellant operates a restaurant pursuant to a lease with an original term of five years and an option to renew for an additional five years. When the original term expired, the appellant attempted to exercise the renewal option, whereupon the appellee attempted to terminate the lease pursuant to the following special stipulation contained therein: “Landlord may at its option terminate this lease upon 90 days’ prior written notice to tenant if in landlord’s sole and absolute discretion tenant fails to…