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Dodge Challenger

Case Type:   Lemon Law New Car Purchase
Case:   Dominic Dellaripa v. FCA US LLC
Date:   November 28, 2016
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., of Massapequa, NY
Defendant Attorney(s):   Rose Waldorf, PLLC, of Albany, NY and Theresa J. Graffeo, Case Manager
Facts:   On May 25, 2015, Consumer Dominic Dellaripa purchased a new 2015 Dodge Challenger from 2000 Auto Sales, Inc. d/b/a Smith Haven Chrysler Jeep Dodge of St. James, New York. The consumer alleges that the vehicle intermittently goes into reverse incorrectly and the car resists and makes a whinny noise. The service technician checked all components and test drove the vehicle with the Consumer. The technician could not duplicate the problem. A few days later the Consumer brought the vehicle back in to service for the same problem. The transmission was not shifting properly. The service department replaced the transmission assembly, replaced the clutch and performed a special bleed procedure to obtain proper clutch operation. The consumer then brought the vehicle back for service because of an alleged pinion bearing noise from the rear differential. This was verified at the last service when the vehicle was picked up from the transmission problem. The consumer brought the vehicle back again because of an alleged noise in the rear that you can hear when driving 15 miles per hour. The noise occurs more after the vehicle is warmed up.
Verdict:   After numerous attempts to fix the vehicle and over 67 days out of service, the consumer hired Anthony T. Ballato, Esq., of Massapequa, NY to represent him. Mr. Ballato sent a demand letter to FCA, US LLC demanding they repurchase the consumer’s vehicle pursuant to New York Lemon Law and the Federal Magnusson Moss Warranty Act. After conversations with the manufacturer’s attorney, Theresa J. Graffeo, Case Manager, in Albany, NY, the manufacturer settled. The manufacturer repurchased the vehicle back for the full amount of $49,285.00, which included a credit of $735.44 to replace the clutch and included $2,000.00 in legal fees.

Ligitation & General Practice

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

Lemon Law Cases