The applicant tenant sought an interlocutory injunction to remain in possession of a commercial restaurant space after the landlord unilaterally terminated lease renewal negotiations and leased the premises to a new tenant.
The landlord brought a cross-motion for summary judgment to dismiss the application and terminate the lease.
The court found a serious issue to be tried regarding the landlord's duty of honest contractual performance, as the landlord remained silent about rejecting the tenant's renewal offer while secretly negotiating with a new tenant.
The court granted a three-month interlocutory injunction to allow the tenant to relocate and dismissed the landlord's cross-motion for summary judgment.
