In case you missed it, the New York Appellate Division (1st Department), issued its ruling affirming the decision of New York Supreme Court  Judge Barbara Kapnick to dismiss, with prejudice, Howard Stern’s $300 million lawsuit against Sirius/XM. 
The Appellate Division’s decision was as elegant in its simplicity as in its utter destruction of Stern’s claim that the contract was plain on its face that he was owed all that money for meeting subscriber-based performance bonuses based on his theory that any subscriber to the Sirius or XM service after the date of the two companies’ merger should have counted toward the bonus thresholds outlined in the contract.
In legal circles, the Appellate Division’s terse, one paragraph ruling is akin to smacking down a pro se litigant who filed a frivolous lawsuit. It is not just that Kapnick’s ruling, which dismissed Stern’s lawsuit at the summary judgment phase  was upheld, it is that the Court did not even go through the formalities that typically attend appellate decisions – no recitation of the procedural history, the facts of the case, hell, there is barely any legal precedent cited – just a quick cite to one case and a statement that the plain language of the contract reads in the complete opposite way that Stern claimed.
The Court’s ruling is a full and utter loss for Stern that makes this matter disappear forever. And for this, I can only wonder what Stern and his agent, Don Buchwald, spent in legal fees.
1 In New York, the trial court is referred to as the “Supreme Court.”