The plaintiff tenant brought a motion for an interlocutory injunction to restrain the defendant landlord from terminating a commercial lease and taking possession of the premises, and for a declaration that it validly exercised its option to renew.
The landlord had refused to renew the lease, alleging the tenant failed to duly and regularly pay percentage rent based on an audit.
The court dismissed the motion, finding the tenant failed to meet the threshold of showing a serious issue to be tried or a strong prima facie case that it had satisfied the preconditions for renewal, as the evidence showed a history of late rent payments and no waiver by the landlord.
