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AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY v. QUALITY KING DISTRIBUTORS, INC.

16 A.D.3d 607 (2005)

792 N.Y.S.2d 555

AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, Respondent, v. QUALITY KING DISTRIBUTORS, INC., Appellant.

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

March 28, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs, and upon searching the record, summary judgment is awarded to the plaintiff declaring that it is not obligated to indemnify the defendant in the underlying trademark infringement action entitled Procter & Gamble Company v Quality King Distributors, Inc., commenced in the United States District Court for the Eastern District of New York, under index No. CV-95-3113 (ADS).

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