Awards.com LLC v. Kinko's, Inc.
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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 35 Awards.com, LLC et al., Appellants, v. Kinko's, Inc. et al., Respondents, Gary Kusin, Defendant. Alan I. Raylesberg, for appellants. Terrence O. Reed, for respondents. 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 - 1 - - 2 - No. 35 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. * * * * * * * * * * * * * * * * * Judgment of Supreme Court appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Decided March 30, 2010 - 2 -
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