Editor’s note: Destiny USA is suing Nexus Entertainment Inc., which is doing business as Zero Latency. This story has been edited to make clear the mall is suing the tenant Nexus Entertainment, which is incorporated in New York, rather than the Australian-based Zero Latency.
Syracuse, N.Y. - Destiny USA is suing an entertainment venue that is still operating even though its lease expired at the end of the summer, according to court papers filed this month.
Destiny USA Holdings LLC filed the case in state Supreme Court Nov. 13 against Nexus Entertainment, which is doing business as Zero Latency.
Destiny, which is owned by the Pyramid Cos., is asking a state judge to issue a warrant to evict the entertainment venue.
Zero Latency opened in May 2023 on the second floor of the mall across from Eddie Bauer, according to a Destiny USA announcement.
Zero Latency is an Australian-based, virtual reality company that lets players experience immersive gaming in a large arena. People can play individually or as a group.
In Syracuse, Nexus Entertainment is a licensee of the brand, according to Zero Latency.
The current dispute is over a two-month lease between the lessee and Destiny that expired at the end of the summer. Under that agreement, Destiny charged the renter $2,000 a month for the 5,500-square-foot space through Aug. 31, according to court papers.
After that agreement expired, Destiny USA wanted the venue to vacate. On Sept. 25, the mall asked the tenant to leave, but the company refused, the lawsuit says. Over the next few weeks, the mall served the business with two notices to quit and a demand to vacate. The latest notice was on Oct. 31.
Now Destiny is asking for a warrant to evict the venue, the court papers say. Destiny USA is also asking that its costs and interest in the unpaid rent be collected.
As of Thursday, Zero Latency in Syracuse was still taking reservations for the holiday season, a store worker said when syracuse.com called the Destiny store.
Michael Naughton, a lawyer with Young Sommer representing Destiny in the court action, declined to comment.
Representatives for Nexus Entertainment, at Salmon Run Mall, Watertown, declined comment.
Zero Latency has more than 100 venues in 25 countries, and 10 in the U.S.
Pyramid’s Destiny USA is the largest mall in New York and one of the largest in the country.
The company missed a deadline to refinance or pay off a $300 million loan on Destiny USA in June 2024, putting that mall at risk of foreclosure. Despite the default, however, holders of the debt have not initiated a takeover of the mall.
News about Destiny USA
- Destiny USA owner secures new financing for Albany-area mall
- See inside IKEA at Destiny USA before its grand opening in Syracuse (photos)
- Owner of Syracuse’s Destiny USA cuts deal to avoid foreclosure on Western New York’s largest mall
- Will IMAX theater at Syracuse’s Regal Destiny USA reopen in time for big movies?
- Destiny USA owner sells portion of Albany shopping plaza
