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FENDI ADELE S.R.L. v. BURLINGTON COAT FACTORY

No. 06 Civ. 85 (LBS)(MHD).

867 F.Supp.2d 427 (2012)

FENDI ADELE S.R.L., Fendi S.R.L., and Fendi North America, Inc., Plaintiffs, v. BURLINGTON COAT FACTORY WAREHOUSE CORP. and Cohoes Fashions, Inc., Defendants. Burlington Coat Factory Warehouse Corp. and Cohoes Fashions, Inc., Defendants/Third Party Plaintiffs v. 546332 BC Ltd., d/b/a Colton International, Summit Resources Imports LLC, Euro Moda, Inc., Moda Oggi, Inc., and Ashley Reed Trading, Inc., Third Party Defendants.

United States District Court, S.D. New York.

April 2, 2012.

Attorney(s) appearing for the Case

Richard L. Mattiaccio , Steven Skulnik , Victor Genecin , Squire, Sanders & Dempsey (US) L.L.P., New York, NY, for Plaintiffs.

J. Joseph Bainton , John Jongmin Lee , Smith, Gambrell & Russell, LLP, Carmine Joseph Castellano , Lewis Brisbois Bisgaard & Smith LLP, New York, NY, for Defendants.

Bruce D. Katz , Bruce D. Katz, Esq. , Gerard Francis Dunne , Law Office of Gerard F. Dunne, P.C., New York, NY, Kirk Gordon Downing , Law Offices of Kirk G. Downing, Beverly Hills, CA, John Smargiassi , Member-Joseph & Smargiassi, LLC, New York, NY, for Third Party Defendants.

MEMORANDUM & ORDER

SAND, District Judge.

Third Party Plaintiffs Burlington Coat Factory Warehouse Corporation and Cohoes Fashion, Inc. (collectively known as "Burlington") have moved the Court for summary judgment against Third Party Defendant Ashley Reed Trading, Inc. ("Ashley Reed"). For the reasons provided below, summary judgment is granted.

I. Background1

On October 10, 2007, this Court...

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