J.C. Penney isn’t the only party planning to appeal a June 16 ruling by a Manhattan state judge that found the Texas-based retailer unlawfully interfered with an exclusive agreement between Macy’s and Martha Stewart Living Omnimedia to sell the licenser’s branded merchandise in its stores.

As expected, Penney’s filed a notice of appeal on Monday, claiming that Justice Jeffrey Oing’s (See Profile) ruling “erred by concluding there was tortious interference with the MSLO agreement.”