Baliko v. Mobil Oil Corporation, No. 80 Civ. 6603 (ADS) (S.D.N.Y. 1-19-81) Slip Opinion

Summary judgment for franchisor. When lease terminates automatically 30 days prior to the expiration of the underlying lease, the PMPA does not require notice of nonrenewal to be given 90 days before the 30 days. Held that even had the underlying lease contained a renewal option, the franchisor ordinarily would be free to terminate the underlying lease upon due notice and was under no obligation to renew.