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Infiniti QX56 SUV

Settlement:   $29,077
Case Type:   Lemon Law, Motor Vehicle
Case:   Jennifer James v. Infiniti of Lynbrook f/k/a Greater Atlantic Partners LLC d/b/a Lynbrook Infiniti a/k/a Atlantic Auto Group
Date:   6/4/2015
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   John G. Gentile, General Counsel, Atlantic Automotive Group, West Islip, NY
Facts:   On Oct. 27, 2014, claimant Jennifer James purchased a used 2004 Infiniti QX56 sport utility vehicle. The purchase included a warranty. James claimed that the vehicle quickly developed corrosion that stemmed from leaks and resultant flooding of the vehicle. She attempted to return the vehicle, but it was refused by the dealership, Lynbrook-based Infiniti of Lynbrook. James sought recovery via application of the Used Car Lemon Law, General Business Law article 11-A, ยง 198-b. James claimed that three or more separate repairs were attempted during the 90 days that followed her purchase of the vehicle. She further claimed that the vehicle's resultant unavailability spanned more than 15 days. James' counsel contended that the vehicle's recurrent problems allowed recovery via application of the Used Car Lemon Law,which specifies that a vehicle's first 90 days and/or 4,000 miles should not include more than three attempted repairs and/or 15 days of unavailability. The dealership claimed that it adequately addressed the problems that James' vehicle experienced. It also contended that the vehicle's problems did not significantly impair its value.
Injury:   James claimed that her vehicle experienced chronic leaks and floods that caused corrosion that materially impaired the vehicle's value. She sought recovery of $27,077.43, which represented the price that was paid for the vehicle. She also sought recovery of attorney's fees.
Verdict:   The parties negotiated a settlement. James recovered $27,077.43, which represented the price that was paid for her vehicle. She also recovered $2,000 for attorney's fees. Thus, the settlement totaled $29,077.43. This report is based on information that was provided by claimant's counsel. Defense counsel did not respond to the reporter's phone calls.

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