AUDI v. VOLKSWAGEN

12372-2008

32 Misc.3d 409 (2011)

924 N.Y.S.2d 773

2011 NY Slip Op 21186

AUDI OF SMITHTOWN, INC., et al., Plaintiffs, v. VOLKSWAGEN GROUP OF AMERICA INC., Doing Business as AUDI OF AMERICA, INC., Defendant.

Supreme Court, Suffolk County.

Decided May 26, 2011.


Attorney(s) appearing for the Case

Robinson Brog Leinwand Greene Genovese & Gluck, P.C., New York City, for plaintiffs.

Barach Ferrazzano Kirschbaum & Nagelberg, LLP, Chicago, Illinois ( Steven Yatvin of counsel), for defendant.


OPINION OF THE COURT

EMILY PINES, J.

In this case of first impression, the court is asked to determine whether the letter and spirit of a state law, designed to lessen the disparate economic positions of motor vehicle manufacturer and dealer, has been violated through the use of bonus incentive programs initiated by Volkswagen of America Inc. and its wholly owned subsidiary, VW Credit, Inc.

Plaintiffs, Audi of Smithtown, Inc. and Audi of Huntington...

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