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NFL ENTERS. LLC v. COMCAST

51 A.D.3d 52 (2008)

851 N.Y.S.2d 551

NFL ENTERPRISES LLC, Appellant, v. COMCAST CABLE COMMUNICATIONS, LLC, Respondent.

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

February 26, 2008.

Attorney(s) appearing for the Case

Covington & Burling LLP, New York City (C. William Phillips and Matthew J. Watkins of counsel), for appellant.

Davis Polk & Wardwell, New York City (Michael P. Carroll of counsel), for respondent.

TOM, J.P., NARDELLI and KAVANAGH, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

The issue before us is whether two written agreements simultaneously executed by the parties in 2004 permit defendant Comcast to restrict distribution of the NFL Network to a sports tier or require it to distribute the NFL Network more broadly on its cable distribution systems. Contrary to the motion court's finding, we conclude that the agreements are ambiguous with respect to the scope of the tiering provision and that...

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