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Chrysler Eagle

Settlement:   $16,191.16
Case Type:   Lemon Law, Motor Vehicle
Case:   Andrew Burrafato v. Grand Prix Performance of Hicksville
Venue:   Office of the Attorney General, NY, No. U-28436 and Supreme Court of the State of New York, Nassau County Index No. 016385/01
Date:   July 17, 2001
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Bellavia & Kassell, P.C., Mineola, NY
Facts:   The consumer purchased a used 1995 Chrysler Eagle in March 17, 2000. The consumer received a used car warranty. Within one week after purchasing the car, consumer reported problems with the clutch and transmission defects and failures. The consumer also experienced problems with the engine and transmission in that there would be a pinging sound present. The consumer brought the car to the selling dealership (and was referred by same to AAMCO Transmissions) to have these problems corrected six times within one year and for well over thirty-three (33) days, which exceeded the used car Lemon Law (GBL Article 11-A) threshold of three repair attempts and/or fifteen days out of service. The consumer’s efforts to compel return of the vehicle were ignored and he was compelled to retain counsel, and the commencement of a Lemon Law proceeding with the New York State Attorney General’s Office. The consumer’s attorney was later successful at arbitration in procuring a 100% repurchase decision of $14,644.22 plus a refund of $115.00 filing fee, registration and title fees $75.25 and sales tax. The used car dealer defaulted in appearance at the arbitration hearing, but thereafter commenced a special proceeding in Supreme Court, Nassau County pursuant to C.P.L.R. 7511 (b) seeking to vacate the arbitrator’s award. The Supreme Court denied the dealer’s petition and confirmed the arbitrator’s award upon the Consumer’s Cross-Petition and Answer, plus statutory penalties of $500.00 and reasonable attorney’s fees of the consumer’s counsel
Verdict:   Total cost of vehicle $14,644.22 plus sales tax, court costs and statutory interest $856.69 and statutory penalty of $500.00.

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