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AUDI OF SMITHTOWN, INC. v. VOLKSWAGEN OF AM., INC.

2011-07603.

100 A.D.3d 669 (2012)

954 N.Y.S.2d 106

AUDI OF SMITHTOWN, INC., et al., Respondents, v. VOLKSWAGEN OF AMERICA, INC., Doing Business as AUDI OF AMERICA, INC., Appellant.

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

November 14, 2012.

Ordered that the order is affirmed, with costs.

Volkswagen Group of America, Inc., sued herein as Volkswagen of America, Inc., doing business as Audi of America, Inc., is a franchisor which does business through one of its divisions, Audi of America, Inc. (hereinafter Audi). The plaintiffs are two franchised Audi dealers in Suffolk County. At issue in this litigation are two incentive programs offered by Audi to dealers starting in 2007 to encourage dealers to purchase...

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