By Bloomberg
September 14, 2013 | 7:18am
A New York Post article saying J.C. Penney is ending a home-goods deal with Martha Stewart's company while facing a Macy's lawsuit is the subject of a court hearing set for Sept. 25, a person familiar with the matter said.
New York State Supreme Court Justice Jeffrey Oing on Friday scheduled the hearing without saying why, according to court records. Oing oversaw a non-jury trial of a claim by Cincinnati- based Macy's that a December 2011 sales deal between Martha Stewart Living Omnimedia and J.C. Penney violated its 2006 agreement with the home-goods designer. Closing arguments in that trial ended Aug. 1 and a decision could come at any time.
Oing intends to ask the companies' lawyers if the Post story is true because it may affect his ruling on the contract, said the person, who asked not be named speaking about the hearing.
The Post reported Sept. 4 that J.C. Penney Chief Executive Officer Mike Ullman was ending the merchandising deal because of low sales, unimpressive designs and items discounted as much as 50 percent.
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