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Originally published April 11, 2013 at 12:28 PM | Page modified April 11, 2013 at 1:36 PM

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Judge won't dismiss part of Martha Stewart lawsuit

A New York State Supreme Court judge has rejected a motion by Martha Stewart Living lawyers to dismiss Macy's claim that Martha Stewart breached its contract when it signed a merchandising deal with J.C Penney.

The Associated Press

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NEW YORK —

A New York State Supreme Court judge has rejected a motion by Martha Stewart Living lawyers to dismiss Macy's claim that Martha Stewart breached its contract when it signed a merchandising deal with J.C Penney.

Lawyers for Martha Stewart argued Thursday that the exclusive contract with Macy's in certain products like bedding and bath items did not give exclusivity on design work.

But Judge Jeffrey Oing ruled Thursday that Macy's has provided sufficient evidence in its arguments that the contract does cover exclusivity in designs even if the items don't carry the Martha Stewart name.

Judge Oing cautioned that his decision not to dismiss the claim doesn't mean Macy's will win the lawsuit.

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