StoreRunner Network, Inc. v. CBS Corp.

Judgment, Supreme Court, New York County (Charles Edward Ramos, J.), entered February 4, 2004, which, upon the prior grant of defendants’ motion for summary judgment, dismissed the complaint, unanimously affirmed, with costs.

*128The evidence conclusively established that, contrary to plaintiffs contention, defendants made sufficient efforts to sell advertising on plaintiffs Web site and provided incentives, motivation and encouragement to its sales force to sell said advertising in satisfaction of its contractual obligations. We note in this connection that the provision of the contract upon…