Macy’s three-year-long lawsuit aimed at extracting damages from its leading competitor, J.C. Penney, garnered a victory Thursday from a unanimous panel of the Appellate Division, First Department.
The ruling in Macy’s v. Martha Stewart Living Omnimedia, 650197/12, affirmed the holding of Manhattan Commercial Division Justice Jeffrey Oing (See Profile) that J.C. Penney was liable to Macy’s for tortious interference with Macy’s contract with defendant Martha Stewart Living Omnimedia, and it reinstated a second tortious interference claim as well as an unfair competition claim that Oing had dismissed.
