The lease provision limiting plaintiff's remedy to a plenary action for consequential damages is enforceable (see, Daily News L.P. v. Rockwell Intl. Corp., 256 A.D.2d 13, lv denied 93 N.Y.2d 803), and the disposition on appeal allows plaintiff the unfettered option to proceed on its claim for damages. In any event, plaintiff had no enforceable expectation that defendant landlord would act in good faith in exercising its absolute right of termination (see, e.g., Chrysler Credit Corp. v. Dioguardi Jeep Eagle, 192 A.D.2d 1066). Because plaintiff must be given 90 days' notice of termination, the agreement is not void for lack of mutuality (cf., Dorman v. Cohen, 66 A.D.2d 411, 419), and, in any event, plaintiff performed pursuant to the agreement for years, remedying the purported lack of mutuality by its conduct (see,e.g., Ferguson v. Ferguson, 97 A.D.2d 891). We have considered plaintiff's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.