A plaintiff shopping center owner and a retail tenant entered into a lease. The tenant had exercised a renewal option in 2018, which made the applicable lease expiration date Feb. 28, 2023. On July 24, 2017, a supermarket “anchor tenant” vacated the premises. The defendant tenant “waited for a new tenant to begin operations in the vacant unit of the anchor tenant”. When no new anchor tenant commenced operations in the vacant unit by July 24, 2018, the tenant wrote to the owner seeking to terminate its lease early. The owner rejected the tenant’s notice and advised the tenant that it had entered into a lease with a new anchor tenant. The new lease was executed on May 10, 2018. Notwithstanding the forgoing, the tenant vacated its unit in July 2018.
The tenant moved for summary judgment seeking dismissal of several of the owner’s causes of action. The owner opposed the motion and cross-moved for summary judgment on all of its causes of action. The court granted the owner summary judgment on each of its causes of action except its claim for specific performance and denied the tenant’s motion in its entirety.
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