This section contains the nature of the case and procedural background.

P leased space from D's hotel for a term of ten years. After four years P vacated but continued to pay rent. D assured P that it would be more than willing to approve a sublet; the contract called for written permission. P eventually found Bencini, but D eventually refused because they did not want an inexpensive sandwich shop in their hotel. P tried to get D to assent to the Bencini proposal and d refused. P agreed to pay $30,000 to cancel the lease. Two weeks later D leased to Bencini. P sued for an arbitrary refusal to consent to a sublease and fraud. This was a summary judgment motion by D.

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