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SUMMIT TOWNE CENTRE, INC. v. SHOE SHOW OF ROCKY MOUNT, INC.

801 A.2d 468 (2002)

SUMMIT TOWNE CENTRE, INC., A Pennsylvania Corporation, Respondent, v. THE SHOE SHOW OF ROCKY MOUNT, INC., A North Carolina Corporation, d/b/a Shoe Department, Petitioner.

Supreme Court of Pennsylvania.

July 9, 2002.

Attorney(s) appearing for the Case

Gerald J. Stubenhofer, Pittsburgh, for The Shoe Show of Rocky Mount, Inc., a North Carolina Corporation d/b/a/ Shoe Department, petitioner.

Wallace John Knox, Erie, for Summit Town Centre, Inc., a Pennsylvania Corporation, respondent.

ORDER

PER CURIAM.

AND NOW, this 9th day of July 2002, the Petition for Allowance of Appeal is granted, limited to:

a. Whether under Pennsylvania law a commercial landlord is entitled to a mandatory preliminary injunction compelling a small shop tenant to reopen a store closed before the expiration of the subject lease agreement between the parties where the lease contains a liquidated damages provision governing the tenant's premature...

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