Judge Oing will be deciding the outcome of the trial, rather than a jury.
When Ellenhorn tried to explain this to the judge, Oing told Ellenhorn he had the wrong remedy.
But Oing also said he couldn't brush off the harm that an adverse ruling would have on Penney.
The two lawsuits were consolidated for the bench trial presided over by Judge Jeffrey Oing, who ordered the mediation.
New York Supreme Court Judge Jeffrey Oing must also decide whether J.
FORBES: As J.C. Penney Battles Macy's For Martha Stewart, Experts Ask: Is She Worth It?
Judge Jeffrey Oing, however, cautioned that the ruling is preliminary and Penney could still face costly damages if Macy's prevails in the case.
Judge Jeffrey Oing also cautioned that the ruling is preliminary and Penney could still face costly damages if Macy's prevails in the case.
In making the ruling, Oing took the opportunity to chastise Johnson, calling his conduct "less than admirable" as he pursued the deal behind Macy's back.
Judge Oing will have to decide whether the shops meet a stipulation that allows the home maven to sell goods in Martha Stewart Living stores.
"This decision has not been very easy to make, " said Oing, who heard arguments from both sides for nearly three hours before he made his ruling.
Supreme State Court Judge Jeffrey Oing did grant Penney permission to open Martha Stewart shops, as long as the items under the exclusive contract with Macy's are not sold in them.
Supreme State Court Judge Jeffrey Oing did grant the retailer permission to open Martha Stewart shops, as long as the items under the exclusive contract with Macy's are not sold in them.
Grossman, an attorney representing Macy's, told New York State Supreme Court Justice Jeffrey Oing that the stemware and other tabletop items, even though they're plastic, sill violate the contract because they compete with the Martha Stewart items that Macy's sells.
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