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Francine Kaczor v. Audi of America

Case Type:   Lemon Law / New Car Lease
Case:   Francine Kaczor v. Audi of America - #04583029
Date:   March 5, 2021
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Nicole B., Esq., Specialist Customer Resolution & Retention Volkswagen Group of America
Facts:   On October 15, 2019, Consumer Francine Kaczor leased a new 2019 Audi A6 from Audi Brooklyn in New York with agreed value of $49,950.86. The consumer experienced problems with start / stop feature, foul odor emanating from interior vehicle resulting from water leaks and serious mold condition and brought the vehicle back for service 4 times and was out of service, over 45 days within the new car Lemon Law warranty.
Verdict:   The consumer’s request for repurchase or replacement of the vehicle were denied, then the consumer retained Anthony T. Ballato, Esq. of Massapequa, New York to represent them. Mr. Ballato sent a demand letter to the manufacturer, Audi of America, 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 numerous conversations, correspondence and emails with Nicole B. of Audi of America the manufacturer made an offer to settle the case for full value repurchase of the lease. The manufacturer agreed to repurchase the vehicle for a full refund returning $10,960.00 to consumer, including consumer’s original down payment (including first month’s lease payment) of $2,000.00 and attorney’s fees of $1,500.00. A separate application for refund of sales tax was made pursuant to Tax Law §1139.

Ligitation & General Practice

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

Lemon Law Cases