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David F. v. Volkswagen of America Inc.

Case Type:   Lemon Law New Car Purchase
Case:   David F. v. Volkswagen of America Inc.
Date:   February 15, 2022
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Nicole B., Volkswagen of America Inc., Auburn Hills, MI
Facts:   On July 31, 2020, claimant purchased a new 2020 Volkswagen GTI. The purchase included a standard manufacturer’s warranty. After 10 months had passed, the air conditioning was malfunctioning. Five (5) separate repairs were undertaken during the ensuing 5 months, but the problem could not be resolved. The repair work resulted in the vehicle being unavailable for a total of 35 days. Anthony T. Ballato, Esq. contended that the vehicle’s malfunctions constituted a violation of the New Car Lemon Law, which specifies that a vehicle’s first 24 months and/or 18,000 miles should not include more than four repair attempts and/or 30 days in which it is not in service.
Verdict:   The parties negotiated a settlement before arbitration could be conducted. Volkswagen of America Inc. agreed to repurchase the vehicle for full value and reimburse attorneys fees to the consumer. The matter was concluded with a settlement reached in the amount of $39,807.59.

Ligitation & General Practice

Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2

Lemon Law Cases