Jeremy's Ale House Also, Inc. v. Joselyn Luchnick Irrevocable Trust

Gonzalez, J. (dissenting).

The majority in this case has misinterpreted the key provision in the parties’ lease granting the commercial tenant a “last right of refusal” to beat the terms and price of any bona fide third-party offer. In doing so, the majority has judicially rewritten the lease to grant the tenant a different and novel right—a right to accept only the “last offer”— thereby rendering the landlord’s statute of frauds defense moot and inviting the tenant to sue on a subsequent written offer that it had never sought to enforce.

Because I believe the tenant’s acceptance of the…