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MACY'S INC. v. MARTHA STEWART

652861/12, 650197/12, 13961

127 A.D.3d 48 (2015)

6 N.Y.S.3d 7

MACY'S INC. et al., Respondents-Appellants, v. MARTHA STEWART LIVING OMNIMEDIA, INC., Defendant, and J.C. PENNEY CORPORATION, INC., Appellant-Respondent.

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

Decided February 26, 2015.

Attorney(s) appearing for the Case

Munger, Tolles & Olson LLP, Los Angeles, CA ( Mark H. Epstein of the bar of the State of California, admitted pro hac vice, of counsel), and Miller & Wrubel P.C., New York City ( Martin D. Edel and Adam J. Safer of counsel), for appellant-respondent.

Jones Day, New York City ( Theodore M. Grossman and Michael A. Platt of counsel), for respondents-appellants.

MAZZARELLI, J.P., SWEENY, ANDRIAS, MOSKOWITZ and RICHTER, JJ. concur.

OPINION OF THE COURT

The case before us involves two contracts and three well-known corporate entities. The first contract is between plaintiffs, Macy's, Inc. and Macy's Merchandising Group (collectively, Macy's), and former defendant Martha Stewart Living Omnimedia, Inc. (MSLO). The second contract is between MSLO and defendant...

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