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Gregory Lehecka v GM LLC

Case Type:   Lemon Law / New Car Lease
Case:   Gregory Lehecka v GM LLC
Date:   June 2, 2021
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Alexis Neal, Esq., General Motors Legal Staff Counsel
Facts:   On August 22, 2020, consumer Gregory Lehecka leased a new 2021 Chevrolet Tahoe High Country Suburban from Atlantic Chevrolet Cadillac of Bayshore, New York, with agreed value of $75,684.86. On November 11, 2020, customer began experiencing a strong foul-smelling musty odor permeating from the vehicle and upon investigation noticed that the floor was soaking wet. The vehicle was taken for repair to the dealership on November 16, 2020, at which time the vehicle was diagnosed with a sunroof drain leak and was repaired, carpeting was also replaced. The foul-smelling musty odor continued, and another water leak was found from the pinch weld. The dealership also performed an ionizing procedure, and consumer tested the vehicle for mold spores and air quality, however, both tests were positive for airborne mold spores. The cabin air filter was then replaced but the mold spores were still present, and the dealership failed to remedy the mold problem with the vehicle. The vehicle was returned to the dealership for repairs on five (5) separate occasions, with a total of over forty-six (46) days out of service. The consumer felt the vehicle was unhealthy and unsafe to operate and the dealership’s attempts to repair the vehicle were unsuccessful.
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 him. Mr. Ballato sent a demand letter to the manufacturer, General Motors LLC, 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 representatives for FCA, 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 of all lease payments to date of $16,181.00 to consumer, including consumer’s original down payment plus attorney’s fees of $2,500.00, including license / title / registration expenses. The manufacturer repurchased the vehicle from the lessor in the additional amount of $77,422.67. A separate application for refund of $5,097.95 sales tax will be made pursuant to § 1139(f) of the New York Tax Law.

Ligitation & General Practice

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

Lemon Law Cases