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Infiniti Q45

Consumer Protection: Car’s oil-guzzling thirst couldn’t be quenched, owner alleged

Settlement:   $57,984.00
Case Type:   Lemon Law, Motor Vehicle - Lemon Law
Case:   David Honigman v. Nissan North America-Infiniti Division , No. 34869
Venue:   Education & Assistance Corp., Smithtown, NY
Judge:   Sheldon Lasher
Date:   Monday, May 08, 2006
Plaintiff Attorney(s):   Anthony T. Ballato; Massapequa, NY, for Sheldon Honigman
Defendant Attorney(s):   Amumi Suenaga; Los Angeles, CA, for Nissan North America Inc.-Infiniti
Facts:   In March 2004, claimant David Honigman purchased a new 2003 Infiniti 0-45 sedan. The $57,984 purchase included a standard manufacturer's warranty. Honigman claimed that the vehicle subsequently experienced functional problems that began in June 2005. He contended that the problems included oil leaks, excessive oil consumption and other engine malfunctions. During the ensuing seven months, those problems necessitated five separate adjustments and/or repair attempts, which included three reconstructions or replacements of the car's engine. As a result of that work, the vehicle accumulated more than 30 days of repair-shop time. Honigman claimed that the problems were never resolved. He attempted to return the vehicle, but it was refused by the manufacturer, the Infiniti division of Gardena, Calif.-based Nissan North America Inc. Honigman sought recovery via application of the New Car Lemon Law, General Business Law article 11 -A, § 198-a. The parties proceeded to an arbitration hearing. Honigman's counsel claimed that the vehicle's poor condition constituted a violation of the Lemon Law, which specifies that a vehicle's first 24 months and/or 18,000 miles should not include more than four repair attempts and/or 30 days of repair-shop time.
Injury:   Honigman claimed that his vehicle experienced functional problems that included oil leaks excessive oil consumption and other engine malfunctions. He sought recovery of $57,984, which represented the vehicle's full replacement value. He also sought recovery of the arbitration 's $250 filing fee.
Verdict:   Arbitrator Sheldon Lasher rendered a claimant's decision. Honigman was awarded $57,984, which represented the vehicle's full replacement cost. He also recovered the arbitration's $250 filing fee.

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