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Jeremy Maswary v. Ford Motor Company

Settlement:   The manufacturer agreed to repurchase the vehicle for a full refund of $47,552.34 and attorney’s fees of $2,000.00. A separate application for refund of sales tax was made pursuant to Tax Law §1139
Case Type:   Lemon Law / New Car Purchase
Case:   Jeremy Maswary v. Ford Motor Company
Date:   August 21, 2019
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Robin Kalinowski , Erskine Law
Facts:   On November 25, 2017, Consumer Jeremy Maswary purchased a new 2017 Ford Explorer from Hempstead Lincoln-Mercury Motors in New York. The consumer had multiple electrical problems and defective seats and brought the vehicle back for service 8 times and was out of service about 43 days within the new car Lemon Law warranty.
Injury:   Multiple electrical problems and defective seats and brought the vehicle back for service 8 times and was out of service about 43 days within the new car Lemon Law warranty.
Verdict:   The consumer’s requests for repurchase or replacement of the vehicle were denied, then the consumer hired Anthony T. Ballato, Esq. of Massapequa, New York to represent him. Mr. Ballato sent a demand letter to the manufacturer, Ford Motor Company 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 many phone calls and emails to the manufacturer’s attorneys with no decision reached, and thereafter various ever increasing cash offers from $7,500.00 to $11,000.00 and refusal to repurchase or replace the vehicle, Mr. Balllato advised the consumer to file for arbitration. About August 20, 2019, after many conversations, correspondence and emails and prior to the hearing date the manufacturer made an offer to settle the case. The manufacturer agreed to repurchase the vehicle for a full refund of $47,552.34 and attorney’s fees of $2,000.00. A separate application for refund of sales tax was made pursuant to Tax Law §1139.

Ligitation & General Practice

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

Lemon Law Cases