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Jaqueline Cuellar v. Chevrolet / General Motors LLC

Case Type:   Lemon Law / New Car Lease | SR: 9-6414281525
Case:   Jaqueline Cuellar v. Chevrolet / General Motors LLC
Date:   June 26, 2021
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Alexis Neal, Esq., Customer Relationship Specialist of General Motors | Motors and Timothy M. Kuhn Esq., General Motors LLC -Legal Staff Counsel
Facts:   On October 6, 2019, consumer Jacqueline Cuellar leased a new 2020 Chevrolet Silverado from Atlantic Chevrolet of Bay Shore, New York, with agreed value of $54,252.05. On July 14, 2020, the consumer brought the vehicle into dealership for recall due to rain sensor failure, brake system control module recall, safety recall – loose alternator, lube oil and filter with tire rotation and multipoint inspection. Further problems with the vehicle persisted including dead engine / vehicle not starting, check engine light / brake light malfunctions and smoke coming from engine. The vehicle was returned to the dealership for repairs on five (5) separate occasions, with a total of forty-five (45) days out of service. The consumer felt the vehicle was unreliable and unsafe to drive.
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, 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 Alexis Neal and Timothy M. Kuhn, Esq., of General Motors LLC, 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 $15,594.35 to consumer, including consumer’s original down payment (including first month’s lease payment) of $2,988.56, attorney’s fees of $4,500.00, including sales tax and license / title /registration expenses. The manufacturer repurchased the vehicle from the lessor in the amount $53,378.51. It is noteworthy that negotiations were protracted due to the pandemic and responses from GM delayed for weeks at a time until Mr. Ballato complained to senior corporate personnel and other house counsel was overseeing this and other pending cases.

Ligitation & General Practice

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

Lemon Law Cases