The plaintiff commercial tenant sought an interlocutory injunction to restrain the defendant landlord from terminating its lease.
The plaintiff had failed to provide written notice of renewal on time and had sublet the premises without consent.
The court applied the RJR-MacDonald test and found no serious issue to be tried, as the plaintiff had not made diligent efforts to comply with the lease terms, precluding relief from forfeiture.
Furthermore, the plaintiff failed to establish irreparable harm, as the alleged losses would be suffered by the subtenant, not the plaintiff.
The motion for an interlocutory injunction was dismissed.
