The plaintiff tenant sought immediate relief from forfeiture and a mandatory injunction to restore its commercial tenancy after the defendant landlord terminated the lease due to the tenant's use of the premises, which rendered the property uninsurable without a sprinkler system upgrade.
The court found the tenant was in breach of the lease for failing to upgrade the sprinkler system, as this cost was attributable to their specific hazardous use under the "net lease" terms.
The court dismissed the tenant's request for a mandatory injunction but granted temporary relief from forfeiture for 30 days, allowing the tenant to remedy the breach by installing an upgraded sprinkler system at its own cost or through an agreed arrangement with the landlord.
Operations were prohibited until the system was installed and approved by an insurer.
