Chase Manhattan Bank, N.A. v. Globe Discount Department Store

Supreme Judicial Court of Maine

Chase Manhattan Bank, N.A. v. Globe Discount Department Store

516 A.2d 563, 1986 Me. LEXIS 907

DecidedOctober 24, 1986

StatusPublished

This text of 516 A.2d 563 (Chase Manhattan Bank, N.A. v. Globe Discount Department Store) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chase Manhattan Bank, N.A. v. Globe Discount Department Store, 516 A.2d 563, 1986 Me. LEXIS 907 (Me. 1986).

Pincite

Opinion

WATHEN, Justice.

Defendant Globe Discount Department Store appeals from a summary judgment entered by the Superior Court (York County). The court determined that the mort[564]*564gage held by the Chase Manhattan Bank had priority over defendant’s leasehold interest in real estate located in Wells. The Superior Court held that the right to request a non-disturbance agreement under the lease was terminated by mortgage foreclosure proceedings.

We do not reach the merits of the appeal. During the pendency of this appeal, defendant’s lease expired. The lease provided for an extension upon timely request. Defendant failed to make such a request and plaintiff filed a motion to dismiss the appeal on grounds of mootness.

We grant plaintiff’s motion and dismiss the appeal. We have previously recognized that “the right to renewal is lost if the notice is not given in accordance with the provisions of the lease.” Medomak Canning Company v. Harry Q. York, 143 Me. 190, 195, 57 A.2d 745, 747-748 (1948). We find no reason to depart from this rule in the present case. Because Globe no longer has an interest in the real estate, this appeal is moot.

The entry is:

Appeal dismissed.

All concurring.

Free access — add to your briefcase to read the full text and ask questions with AI