League v. Back of The Net
| Decision Date | 07 June 2011 |
| Citation | 2011 N.Y. Slip Op. 05025,85 A.D.3d 737,925 N.Y.S.2d 555 |
| Parties | LONG ISLAND JUNIOR SOCCER LEAGUE, respondent,v.BACK OF the NET, LTD., appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Louis F. Burke, P.C., New York, N.Y. (Leslie S. Wybiral and Amanda N. Miller of counsel), for appellant.Soffey & Soffey, Garden City, N.Y. (Joseph E. Soffey of counsel), for respondent.REINALDO E. RIVERA, J.P., RUTH C. BALKIN, PLUMMER E. LOTT, and LEONARD B. AUSTIN, JJ.
In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Winslow, J.), entered July 19, 2010, which denied its motion to preliminarily enjoin the plaintiff from engaging in conduct allegedly constituting violations of a stipulation of settlement dated January 9, 2002.
ORDERED that the order is affirmed, with costs.
The defendant operates a website primarily focused on youth soccer that features news and information, scores, schedules, and standings from various soccer leagues, including a youth soccer league operated by the plaintiff. Since 1999 the plaintiff has operated its own website containing similar information regarding its league.
In 2001 the plaintiff commenced this action against the defendant, and the action was settled pursuant to a so-ordered stipulation of settlement dated January 9, 2002. Paragraph 5 of the stipulation of settlement provides: “Plaintiff acknowledges that defendant has a right to publish news and information concerning plaintiff on its Website including such items as scores, standings and events, all being subject to the laws of defamation and such other laws which may exist.” In April 2010, after the plaintiff took measures to prevent the defendant from electronically accessing the raw data on the plaintiff's internet servers, the defendant moved to preliminarily enjoin the plaintiff from taking these measures, asserting that the plaintiff was in violation of paragraph 5 of the stipulation of settlement.
( Alshawhati v. Zandani, 82 A.D.3d 805, 807, 918 N.Y.S.2d 173 [internal quotation marks and citations omitted]; see Linsalato v. Giuttari, 59 A.D.3d 682, 683, 874 N.Y.S.2d 212; McKenzie v. Vintage Hallmark, PLC, 302 A.D.2d 503, 504, 755 N.Y.S.2d 288).
Here, the plain meaning of paragraph 5 of the stipulation of...
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