MonsterHut, Inc. v. PaeTec Communications, Inc.

—Appeal from an order of Supreme Court, Niagara County (Lane, J.), entered August 27, *9462001, which, inter alia, denied defendant’s cross motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiffs motion, granting defendant’s cross motion and granting judgment in favor of defendant as follows: “It is adjudged and declared that defendant is not in violation of the agreement and may terminate the agreement in response to plaintiffs sending of unsolicited, mass, commercial e-mail in breach of…