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Ford F350 Diesel Pick-up Truck

Learn more by viewing the media release.

I am pleased to attach a copy of the Order of Justice F. Dana Winslow of the Supreme Court of the State of New York, Nassau County in this action wherein the manufacturer’s Ford Motor Company’s motion for partial summary judgment was denied upon the defense that the federal Magnuson-Moss Warranty Act does not apply to leased vehicles in the State of New York under a series of Court of Appeals cases. This case is novel in that the plaintiff / consumer leased the subject vehicle and thereafter before the expiration of the factory 100,000 mile warranty purchased the same and thus the law of the case is that said federal warranty statute will apply, notwithstanding the subject vehicle had been leased. This is of crucial importance to consumers since the federal statute allows for a successful plaintiff’s recovery of attorney’s fees unlike common law breach of warranty claims.

Case Type:   Lemon Law, Motor Vehicle
Case:   Sea-Nic Excavation, LLC vs. Ford Motor Company and Country Lincoln Mercury West, LLC
Date:   October 3, 2014
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Facts:   Plaintiff's claims arise from its lease of a 2008 Ford F350 diesel pick-up truck on or about April 13, 2007. Plaintiff alleges that it had the vehicle serviced on several occasions in 2008 and 2009 for defects and nonconformities, including, but not limited to, a defective engine.

Lemon Law Cases