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

Awards.com, LLC v Kinko's, Inc. 2010 NY Slip Op 02642 [14 NY3d 791] March 30, 2010 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 12, 2010

[*1] Awards.com, LLC, et al., Appellants,
v
Kinko's, Inc., et al., Respondents, et al., Defendant.

Argued February 10, 2010; decided March 30, 2010

Awards.com, LLC v Kinko's, Inc., 42 AD3d 178, affirmed.

APPEARANCES OF COUNSEL

Chadbourne & Parke, LLP, New York City (Alan I. Raylesberg, George Bundy Smith, Thomas E. Butler and Eric Twiste of counsel), and Berg & Androphy (David H. Berg and Christopher Gadoury of the Texas bar, admitted pro hac vice of counsel) for appellants.

Terrence O. Reed of the Tennessee bar, admitted pro hac vice, and Connie Lewis Lensing for respondents.

{**14 NY3d at 792} OPINION OF THE COURT

Memorandum.

The judgment of Supreme Court appealed from and the order{**14 NY3d at 793} of the Appellate Division brought up for review should be affirmed with costs. [*2]

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.