A commercial tenant operating a bar and nightclub sought an urgent application for an interim and permanent injunction to prevent termination of its tenancy and to obtain relief from forfeiture.
The landlord moved to stay the application, arguing that the parties had agreed to resolve disputes through mediation and arbitration.
The court found that the dispute fell squarely within the scope of the arbitration agreement in the lease and granted the landlord's motion to stay the application.
The court declined to grant interim injunctive relief or relief from forfeiture, finding that the alleged breaches—permitting armed individuals to enter the premises leading to a shooting incident and operating an unlicensed adult entertainment facility—were very serious in nature and that the landlord's interests could not be fully vindicated without resort to forfeiture.
