Advanced Global Technology, LLC v. Sirius Satellite Radio, Inc.
Decision Date | 02 October 2007 |
Docket Number | 1484. |
Citation | 843 N.Y.S.2d 220,44 A.D.3d 317,2007 NY Slip Op 07330 |
Parties | ADVANCED GLOBAL TECHNOLOGY, LLC, Appellant, v. SIRIUS SATELLITE RADIO, INC., Respondent. |
Court | New York Supreme Court — Appellate Division |
The complaint alleges that Sirius operates a subscription-based satellite radio service, and that plaintiff Advanced Global Technology (AGT) markets receivers designed to receive satellite radio transmissions from Sirius's only competitor in the satellite radio market, XM. AGT was developing a business relationship with an electronics company, KRI, involving development of a receiver for high definition or HD radio broadcasts; KRI is also a primary manufacturer of satellite radio receivers for Sirius. Although satellite radio and HD radio do not compete in the same market, Sirius warned KRI, under penalty of losing Sirius's business, not to do business with AGT. As a result, KRI broke off negotiations with AGT. The motion court correctly held pursuant to CPLR 3211 (a) (7), that these allegations, on their face, show that Sirius's interference was neither wrongful nor motivated solely by malice, as opposed to its normal economic interest (see Carvel Corp. v Noonan, 3 NY3d 182, 190 [2004]), specifically, that a major facilitator of its business (KRI) not do any manner of business with a major facilitator (AGT) of its sole competitor's (XM) business (see id. at 191-192 [ ]; cf. Sumitomo Bank of N.Y. Trust Co. v DiBenedetto, 256 AD2d 89 [1998], lv denied 93 NY2d 804 [1999] [...
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