M. Leo Storch Limited Partnership v. Erol's Inc.

620 A.2d 408 (1993)

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Nature of the Case

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Facts

P leased space to D. D decided to close its video rental store from lack of profits. In Count III of the complaint, P averred: Ds are bound to operate the leased premises 'during the entire term of this Lease with due diligence and efficiency' and to 'carry at all times in said premises a stock of merchandise of such size, character and quality as shall be reasonably designed to produce the maximum return to Landlord and Tenant.' Ds are breaching this covenant by closing the Hilltop Plaza store. Ps are being irreparably injured and will continue to be irreparably injured by defendants' breach. P sought an injunction and specific performance to force D to continue to run its store until the lease expired. The trial court denied P's motion for an ex parte and/or interlocutory injunction. The trial court then issued a show cause order. On April 29, 1992, a hearing was held on the show cause order, and the trial court denied P's request for an interlocutory injunction. P filed a timely notice of appeal.