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AWARDS.COM, LLC v. KINKO'S, INC.

No. 35.

14 N.Y.3d 791 (2010)

925 N.E.2d 926

899 N.Y.S.2d 123

AWARDS.COM, LLC, et al., Appellants, v. KINKO'S, INC., et al., Respondents, et al., Defendant.

Court of Appeals of New York.

Decided March 30, 2010.

Attorney(s) appearing for the Case

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.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

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...

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