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Oscar Deco, Inc. / Aida Calderon v. Mercedes-Benz USA, LLC

Case Type:   Lemon Law / New Car Lease
Case:   Oscar Deco, Inc. / Aida Calderon v. Mercedes-Benz USA, LLC
Date:   September 7, 2018
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Melissa Cormier, MBUSA Reacquisition Automotive Services, North Richland Hills, TX
Facts:   On March 27, 2018, Consumer Aida Calderon leased a new 2018 Mercedes-Benz GLE 350 from Silverstar Auto Resource LLC of Long Island City, NY. On May 2, 2018, the consumer brought the vehicle in for service alleging that the oil was leaking. The technician found that there was a weak leaking seal. The transmission was removed from the vehicle and reinstalled. On May 19, 2018, the consumer brought the vehicle in for service alleging that there was oil leaking under the car since the last time she brought it in for service. The technician determined that there is a leak at the automatic transmission. The transmission was removed and replaced again. The oil is seeping between the engine and transmission. On May 31, 2018, the consumer brought the vehicle in for service alleging that the vehicle is still leaking oil. It was determined that oil was leaking at the Bell Housing Area. The oil was leaking at the upper oil pan rear main seal plate. On June 27, 2018, the consumer brought the vehicle in for service alleging that the vehicle is still leaking oil. The technician drove the car for 45 miles and found residue of oil around the Bell Housing area. The transmission and flex plate were removed. The technician found a slow leak at the rear main crankshaft seal. The seal was removed and they found that the inner crankshaft seal lip was bent and not installed properly. On July 20, 2018, the consumer brought the vehicle in for service alleging that the oil is still leaking. It was confirmed that oil was leaking in the rear main seal area.
Verdict:   After several attempts to fix the vehicle and over 87 days out of service, the consumer retained Anthony T. Ballato, Esq. of Massapequa, New York to represent her. Mr. Ballato sent a demand letter to the Manufacturer demanding Notice Pursuant to New Car Lemon Law; New York General Business Law Article 11-A, Sections 198-A, et seq.; Notice of Revocation of Acceptance And Demand For Rescission Uniform Commercial Code Article 2; Claims Under Manufacturer’s Warranties and Magnusson-Moss Warranty Act and Demand For All Sales, Financing and Service Documents. After conversations, correspondence and emails with Melissa Cormier, MBUSA Reacquisition Automotive Services, North Richland Hills, Texas, the manufacturer made an offer to settle the case. On September 7, 2018, the case settled. The manufacturer offered to repurchase the vehicle and the client will be refunded all lease payments and the lease terminated early.

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