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MONSTERHUT, INC. v. PAETEC COMMUNICATIONS, INC.

294 A.D.2d 945 (2002)

741 N.Y.S.2d 820

MONSTERHUT, INC., Respondent, v. PAETEC COMMUNICATIONS, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 3, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiff's motion, granting defendant's cross motion and granting judgment in favor of defendant as follows: "It is ADJUDGED and DECLARED that defendant is not in violation of the agreement and may terminate the agreement in response to plaintiff's sending of unsolicited, mass, commercial e-mail in breach of the agreement" and as modified the order is...

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