Foot Locker v. Omni Funding

Verdict in Favor of Foot Locker

more+
less-

Foot Locker leased some equipment from Defendant for use in its corporate offices. The term of the lease expired and Foot Locker duly notified Defendant of its intention to return the equipment, rather than renew the lease for another year pursuant to an automatic renewal clause.

Nevertheless, Defendant refused to pick up the equipment, as it had done at the end of previous leases, and instead, demanded that Foot Locker return the equiptment to a paritcular location. Foot Locker requested instructions on how to break down the equipment and the means by which to crate and ship the equipment back to Defendant, as the lease required. Defendant claimed it orally instructed Foot Lcoker on how to do so, but Foot Locker disputed this and otherwise argued the instructions needed to be in writing.

Foot Locker sued seeking a declaration that it was not in breach of the lease and was not required to make another years worth of payments. Defendant counterclaimed for breach and damages. After the Court denied Foot Locker summary judgment, and the Appellate Division affirmed, I tried the action in Supreme Court, New York County, and this decision followed.

LOADING PDF: If there are any problems, click here to download the file.

Published In: General Business Updates

Reference Info:Decision | State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Adam Levy | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »