Legal Opinion · Dissent

Anthony Gagliano & Co., Inc. v. Openfirst, LLC

Wisconsin Supreme Court

Decided July 15, 2014No. 2012AP000122Published

1DissentShirley S. Abrahamson, C.J.

¶ 76. {dissenting.) The instant case seems to present a complex fact and legal situation, although the court of appeals discounted the complexity, writing that "this appeal has a veneer of complexity."1

¶ 77. I write only on the issue of the sufficiency of the landlord's notice to the tenant of the extension of the lease. This case presents a narrow issue: What does a landlord have to do to give notice to a tenant corporation of an extension of the commercial lease, when the lease and the statutes are silent on the issue of notice? Notice is a dispositive issue in the instant case, majority…

2Cases cited9 opinions

  1. Beckenheimer's Inc. v. Alameda Associates Ltd. PartnershipCourt of Appeals of Maryland · 1992
  2. Western Tire, Inc. v. SkredeNorth Dakota Supreme Court · 1981
  3. Security Bank v. KlickerCourt of Appeals of Wisconsin · 1987
  4. Congar v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1869
  5. American Oil Company v. RasarTennessee Supreme Court · 1957

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