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Howard Zodicoff v. Maserati

Settlement:   The manufacturer agreed to repurchase the vehicle and return all lease payments to the consumer in the amount of $19,344.71 and legal fees in the amount of $3,500.00, plus the consumer will receive full refund of $3,634.59 in sales taxes from New York State Department of Tax and Finance.
Case Type:   Lemon Law / New Car Lease
Case:   Howard Zodicoff v. Maserati
Venue:   New York
Date:   March 29, 2019
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, New York
Defendant Attorney(s):   Lewis Brisbois, Esq., Los Angeles, California, Melissa Cormier, Stericycle and Gretchen Pollack, Stericycle
Facts:   On May 1, 2017, Consumer Howard Zodicoff leased a new 2017 Maswerati Ghibli S Q4 from Maserati, Plainview, New York. The consumer brought the vehicle in for service alleging that the wheel liner came off, the radio was making a buzzing sound, the Bluetooth was inoperable. The vehicle was brought in several times for electrical issues and recalls.
Injury:   Several attempts to fix the vehicle and over 53 days out of service.
Verdict:   After several attempts to fix the vehicle and over 53 days out of service, the consumer hired Anthony T. Ballato, Esq. of Massapequa, New York to represent him. Mr. Ballato sent a demand letter to the Manufacturer demanding 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 conversations, correspondence and emails with Sharon Shin, Esq. of Lewis Brisbois, Los Angeles, California, the manufacturer made an offer to settle the case. The manufacturer agreed to repurchase the vehicle and return all lease payments to the consumer in the amount of $19,344.71 and legal fees in the amount of $3,500.00, plus the consumer will receive full refund of $3,634.59 in sales taxes from New York State Department of Tax and Finance.

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