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Jasleen Rayano v. Jaguar Land Rover North America, LLC

Case Type:   Lemon Law / New Car Lease
Case:   NC-1-284668194 | Jasleen Rayano v. Jaguar Land Rover North America, LLC
Judge:   Lewis Bernstein
Date:   September 15, 2021
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   James Dobis, Esq., Dobis, Russell & Peterson, P.C., Livingston, New Jersey
Facts:   On September 4, 2020, Consumer Jasleen Rayano leased a new 2020 Land Rover Discovery Sport from Jaguar Land Rover in Freeport, New York with agreed value of $51,997.73. In March of 2021, customer began experiencing a problem with screen/ GPS malfunctioning / blackout and fuel injection / gas tank issues including a strong odor permeating from the transmission, resulting in smoking engine. The vehicle was returned to the dealership for repairs on three (3) separate occasions, with a total of over seventy-three (73) days out of service. The consumer felt the vehicle was untrustworthy 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 them. Mr. Ballato sent a demand letter to the manufacturer, Jaguar Land Rover North America, 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. Mr. Ballato later filed for arbitration pursuant to the New York Lemon Law and on September 3, 2021, an arbitration hearing via WebEx was held under the New York Attorney General’s program. The manufacturer raised the defense fault of its own roadside assistance allegedly adding one and one half (1 ½) gallons of diesel fuel to a gas engine vehicle causing damages and three (3) weeks in shop after the first repair. The second repair alleged to resolve the fuel contamination was denied by the manufacturer’s own roadside assistance and covered under the manufacturer’s warranty. Yet thereafter vehicle again in shop for four (4) weeks for further problems. The Arbitrator, after a contested remote video hearing issued a Decision ruling in the consumer’s favor and directed that Jaguar Land Rover, North America, LLC, buy back the vehicle for an award to consumer of $57,842.29 plus DMV fees of $1,232.50 and $250.00 filing fee, resulting in a net award of $9,688.46 full lease refund to the consumer. A separate application for refund of $1,762.17 sales tax will be made pursuant to § 1139(f) of the New York Tax Law.

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