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Kawasaki Motorcyle

Settlement:   Full Purchase Price of Motorcycle: $10,600.00 as well as Consumer allowed to retain Motorcycle
Case Type:   Lemon Law, Motorcycle
Case:   Gilbert Alcindor v. Kawasaki Motors Corp.
Date:   September 23, 2008
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Plaintiff Expert(s):   James s. Coons, Esq., White Plains, NY
Facts:   The consumer purchased a new 2005 Kawasaki ZX 12 Motorcycle in June, 2005. The consumer received a standard warranty. Thirteen (13) months after purchasing the motorcycle, the consumer reported problems with the motorcycle, in that on two (2) different dates he brought the motorcycle in for repair. Consumer states that he had chronic engine problems and motorcycle would fail to start, which was a safety concern. The consumer brought the motorcycle to the dealership to have these problems corrected on two occasions and the motorcycle remained out of service for over ten (10) months, which exceeded the New Car Lemon Law (GBL Article 11-A) threshold of four (4) repair attempts and/or thirty (30) days out of service during the first twenty-four months/18,000 miles. The consumer’s efforts to compel return of the motorcycle were denied and he therefore retained Anthony T. Ballato to negotiate a settlement or commence a Lemon Law proceeding. Efforts by counsel to negotiate a settlement for a full refund including the consumer being able to retain the motorcycle were successful after the commencement of a Lemon Law proceeding.

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