Infiniti G35 Sport Sedan Lemon

Dealer sold car without noting prior accident, claimant alleged

Settlement: $12,088.00
Case Type: Lemon Law , Motor Vehicle - Used car
Case: Abdul Niazi v. Competition Infiniti
Date: Friday, September 18, 2009
Plaintiff Attorney(s): Anthony T. Ballato: Massapequa, NY
Defendant Attorney(s): Richard M. Budd, executive manager, Competition Infiniti, St. James, NY
Facts: In May 2008, claimant Abdul Niazi purchased a used 2006 Infiniti G35 sport sedan. The purchase included a standard manufacturer's warranty.
Niazi claimed that the vehicle experienced malfunctions after merely one week had passed. He contended that, during the ensuing three months, the dealership attempted three separate adjustments and/or repairs of the vehicle, leaving it out of service for a total of more than 11 days. He claimed that the problems were never resolved and that he attempted to return the vehicle, but that it was refused by the dealership, Competition Infiniti.
Niazi sought recovery via application of the Used Car Lemon Law, General Business Law article 11-A, § 198-b, et seq. He noted that the vehicle had exceeded the law's threshold that dictates that a vehicle may not undergo three repair attempts and/or be out of service for 15 days during the first 90 days or 4,000 miles following its purchase. An arbitration hearing was scheduled.
Niazi’s counsel obtained a report that revealed an undisclosed, prior accident in which the vehicle had been totaled. He contended that this was a material impairment of value. He further contended that the vehicle's poor condition constituted a violation of the Lemon Law.
Competition Infiniti contended that it adequately addressed the vehicle's alleged problems and that the repairs did not substantially impair the vehicle's value.
Injury: Niazi claimed that the vehicle was previously totaled, unbeknownst to him at the time of purchase. He also claimed that, following the purchase, the vehicle experienced repeated malfunctions. He contended that the problems and prior totaling of the vehicle compromised the vehicle's performance and caused a material impairment of the vehicle's value.
Niazi sought recovery of the vehicle's full replacement value, plus attorney's fees.
Verdict: Prior to the scheduled start of the arbitration, the parties negotiated a settlement. Competition Infiniti agreed to pay $12,088.48, which included $5,795.10 for finance payments to date; $1,000 for the down payment of the vehicle; $1,493.38 for taxes, fees and trade equity; and $3, 800 for attorney's fees.