Legal Opinion
Awards. Com, LLC v. Kinko's, Inc.
New York Court of Appeals
Decided March 30, 2010No. 35PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment of Supreme Court appealed from and the order 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…
2Cases cited2 opinions
- Fifty States Management Corp. v. Pioneer Auto Parks, Inc.New York Court of Appeals · 1979
- Madison Avenue Leasehold, LLC v. Madison Bentley Associates LLCNew York Court of Appeals · 2006
3Cited by24 opinions
- Trust v. BaruaAppellate Division of the Supreme Court of the State of New York · 2020
- Blinds To Go (U.S.), Inc. v. Times Plaza Development, L.P.Appellate Division of the Supreme Court of the State of New York · 2011
- DLJ Mortgage Capital Corp. v. Fairmont Funding Ltd.Appellate Division of the Supreme Court of the State of New York · 2011
- Hobish v. AXA Equit. Life Ins. Co.New York Court of Appeals · 2025
- Fewer v. GFI Group Inc.Appellate Division of the Supreme Court of the State of New York · 2015
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