In June 2012, Mitchell Rosen obtained a summary judgment for one of KKG's many commercial landlord clients in a case involving a tenant's attempt to exercise an early termination provision in its lease. The tenant had a one-time right to terminate its restaurant lease after the third year of a ten-year lease if its sales in the third year did not exceed a certain dollar threshold. The tenant claimed that its sales were below the threshold and provided the landlord with an early termination notice in an attempt to release itself from its remaining lease obligations.
KKG filed a declaratory judgment action on behalf of the landlord and successfully argued that the notice did not adequately comply with Georgia law or the lease. As a result, the lease will remain in full force and effect during the remaining seven years of the lease at rental rates very favorable to the landlord. The tenant also paid the landlord a compromised amount of the landlord's attorneys' fees.