Gotlieb v. Taco Bell Corporation
United States District Court for the Eastern District of New York
871 F. Supp. 147 (1994)
Taco Bell (defendant) signed a 20-year lease with Gotlieb and Blaymore (plaintiffs) that allowed cancellation if permits weren't obtained by a set deadline, but after community opposition arose, Taco Bell filed its permit application and simultaneously sent a letter repudiating the lease on the deadline day; the landlords rejected the repudiation and sued for rent when Taco Bell stopped paying. More than a year later, the landlords met with Rite-Aid representatives about renting the space and sent Rite-Aid a proposed lease, eventually signing a new lease at a higher rent.
Whether a landlord accepts its tenant's repudiation of a lease when the landlord sends a new tenant a proposed lease.