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Chevrolet Tahoe New Car Purchase Lemon Law

Case Type:   Lemon Law New Car Purchase
Case:   Gerard Iucci v. Chevrolet / General Motors, LLC
Date:   July 24, 2017
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Bryan Taylor, Esq. of Rose Waldorf PLLC, Albany, NY
Defendant Expert(s):   Heidi Stecker, Lead Repurchase Coordinator, General Motors RVDC, Saginaw, MI
Facts:   On November 11, 2015, Consumer Gerard Iucci, purchased a new 2015 Chevrolet Tahoe LT from Manfredi Chevrolet, of Staten Island, New York. On February 9, 2016, the consumer brought the vehicle in for service for recall No. 15577. On December 6, 2016, the consumer brought the vehicle into service for two recalls and the consumer alleged the vehicle was vibrating and problems with the suspension. The customer alleges that the car vibrates and buffers under normal driving conditions. On February 13, 2017, the consumer brought the vehicle in for service alleging that water was dripping out of the left front pillar onto driver’s left leg and that the antenna was not sitting correctly. Water was dripping out of the overhead console by the map light, the vehicle rides very harsh, there is a buffering sensation inside the cabin while driving at highway speed. The consumer requested a Chevrolet representative inspect and road test the vehicle. The consumer alleged that the buffering sensation was making the passengers in the vehicle nauseous.
Verdict:   After several attempts to fix the vehicle and 53 days out of service, the consumer hired Anthony T. Ballato, Esq. of Massapequa, NY to represent him. Mr. Ballato sent a demand letter to the Manufacturer demanding that they repurchase the consumer’s vehicle pursuant to 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 and correspondence with General Motors, LLC of Detroit, MI we were advised that the Manufacturer was unable to grant a repurchase of the vehicle. Mr. Ballato then filed for Arbitration through the New York State Dispute Resolution Association (NYSDRA). On June 5, 2017 the case was accepted for arbitration. Before the arbitration date of July 25, 2017 the manufacturer settled for a full value repurchase. The manufacturer repurchased the vehicle in the amount of $52,068.90 and returned the vehicle at the selling dealer.

Lemon Law Cases