A commercial landlord sought relief against a tenant regarding the installation of an ATM machine in leased premises used as a fast food restaurant.
The landlord argued the ATM constituted an impermissible use under the lease because it effectively provided banking services and allowed access by non-customers.
The tenant argued the ATM facilitated cash transactions for customers and reduced payment processing costs.
The court held that the ATM did not alter the permitted use of the premises as a fast food restaurant and did not constitute the offering of banking services.
The application was dismissed.
