Home/New York Court of Appeals/Awards. Com, LLC v. Kinko's, Inc.

Awards. Com, LLC v. Kinko's, Inc.

925 N.E.2d 926, 14 N.Y.3d 791, 899 N.Y.S.2d 123
CourtNew York Court of Appeals
DecidedMarch 30, 2010
Docket35
StatusPublished
Cited by27 cases

This text of 925 N.E.2d 926 (Awards. Com, LLC v. Kinko's, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Awards. Com, LLC v. Kinko's, Inc., 925 N.E.2d 926, 14 N.Y.3d 791, 899 N.Y.S.2d 123 (N.Y. 2010).

Opinion

OPINION OF THE COURT

Memorandum.

The judgment of Supreme Court appealed from and the order *793 of the Appellate Division brought up for review should be affirmed with costs.

Under the circumstances of this case, defendant Kinko’s, Inc. was justified in terminating its contract with plaintiff Inspire Someone, LLC. The failure of Inspire Someone to pay its monthly rent promptly was a material breach (see Madison Ave. Leasehold, LLC v Madison Bentley Assoc. LLC, 8 NY3d 59, 65 [2006]; Fifty States Mgt. Corp. v Pioneer Auto Parks, 46 NY2d 573, 578 [1979]); the contract contained no provision for a grace period, and no requirement that Kinko’s give notice of a breach and an opportunity to cure it; and Kinko’s did not waive its right to terminate.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Judgment of Supreme Court appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.

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Bluebook (online)
925 N.E.2d 926, 14 N.Y.3d 791, 899 N.Y.S.2d 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/awards-com-llc-v-kinkos-inc-ny-2010.