Monaco Cooper Lamme & Carr, PLLC secured a favorable summary judgment ruling for our client, Bestpass, Inc., in a commercial lease dispute before the Albany County Supreme Court, Commercial Division.
In Bestpass, Inc. v. 500 New Karner Road, LLC, the Court granted summary judgment in favor of Bestpass and issued a declaratory judgment confirming that Bestpass validly exercised its contractual early termination rights under a long-term commercial lease.
At a Glance
- Decision: Summary judgment granted in favor of Bestpass.
- Court: Albany County Supreme Court, Commercial Division, before Hon. Richard M. Platkin.
- Issue: Whether an early termination right survived multiple lease extensions and amendments.
- Result: The Court confirmed Bestpass properly exercised its termination right and has no post-termination obligation to pay rent, penalties, or other lease-related payments.
The Dispute
Bestpass argued that the termination right in its original lease survived the later addenda because those amendments expressly ratified and continued the provisions of the original lease. The landlord contended that the termination right either expired or could only be exercised at a specific point in time.
The Court’s Ruling
Justice Platkin agreed with Bestpass’s position, holding that the lease’s early termination right remained effective throughout the extended lease term and that Bestpass properly invoked that right by serving the required 180-day notice. The Court declared that the lease will terminate in accordance with the termination notice and that Bestpass has no obligation to pay rent, penalties, or other lease-related payments after that date.
Why It Matters
The Court’s decision underscores the importance of careful lease drafting and reinforces a key contract principle: contractual rights preserved and ratified through later amendments remain enforceable according to their plain language.
Bestpass was represented by Monaco Cooper Lamme & Carr, PLLC, with our litigation team led by partner Jacob F. Lamme and senior counsel James P. Lagios. The successful result reflects our firm’s collaborative approach to complex commercial litigation and our commitment to helping businesses protect and enforce their contractual rights.
Learn More
For more information about Monaco Cooper Lamme & Carr’s commercial litigation and business dispute practice, please reach out to Jake Lamme at (518) 855-3535 or jlamme@mclclaw.com or any other member of the MCLC team.
About Monaco Cooper Lamme & Carr, PLLC
MCLC is a law firm dedicated to providing exceptional legal services and unparalleled value while building rewarding and lasting client relationships. Our team includes seasoned trial and transactional attorneys who are nationally recognized industry and legal authorities in a wide range of practices, supported by a remarkable professional support staff. For more information on our firm, visit mclclaw.com or contact our Chief Operating Officer, Stacy A. Smith at ssmith@mclclaw.com.
