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JJM SUNRISE AUTOMOTIVE, LLC v. VOLKSWAGEN GROUP OF AMERICA, INC.

2015-01153, Index No. 601658/14.

149 A.D.3d 1051 (2017)

2017 NY Slip Op 03160

53 N.Y.S.3d 138

JJM SUNRISE AUTOMOTIVE, LLC, Doing business as LYNBROOK AUDI, Appellant, v. VOLKSWAGEN GROUP OF AMERICA, INC., Doing Business as AUDI OF AMERICA, INC., et al., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 26, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action seeking, inter alia, a declaration that the defendant Volkswagen Group of America, Inc., doing business as Audi of America, Inc. (hereinafter Audi), violated Vehicle and Traffic Law § 463 (2) (ff). The complaint alleged that in May 2013, the plaintiff purchased the assets of Anchor Audi, an Audi dealership...

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