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Jose Franceschi v. Chevrolet / General Motors, LLC

Case Type:   Lemon Law New Car Purchase
Date:   May 17, 2022
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Mary Clark, J.D., Business Resource Center, Negotiator, Special Counsel on Behalf of General Motors LLC
Facts:   On January 14, 2021, Consumer Jose Franceschi, purchased a new 2021 Cadillac Escalade from Sarant Cadillac of Farmingdale, New York. Shortly after taking possession of the vehicle, serious problems surfaced. On May 19, 2021, the consumer brought the vehicle in for service indicating that the engine was shaking. Repairs / Replacements were made including the coil. From May 28, 2021 -May 29, 2021, the consumer’s vehicle died while he was Georgia, requiring a temporary repair to one of the can bus 2 terminals at the front view. On June 3, 2021 through June 16, 2021, because the vehicle broke down a second time while away in Georgia, the consumer returned the vehicle in for service in Georgia to continue electrical repairs needed, as the consumer alleges that the vehicle’s problems persisted and were never rectified since breaking down in Georgia in May 28, 2021. Once again, on July 13, 2021 through July 20, 2021, and again from July 22, 2021 through July 23, 2021, the consumer returned the vehicle in for service repeating and continuing the same serious electrical condition persisting, explaining the vehicle is extremely unreliable and inoperable rendering it unsafe to drive. Lastly, on October 12, 2021 through October 29, 2021, consumer’s vehicle required a tow due to misfiring cylinders and during that time, an attempt to rebuild the engine took place. At this time, the dealership acknowledged the malfunction, however, they still failed to repair the vehicle.
Verdict:   After several attempts to fix the vehicle and 45 days out of service, the consumer hired Anthony T. Ballato, Esq. of Massapequa, NY to represent him. Mr. Ballato sent a demand letter to the Manufacturer 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 and correspondence with General Motors, LLC of Detroit, MI and delays by GM during the pandemic, Mr. Ballato felt compelled to communicate with senior personnel at General Motors to get responses to calls and emails that were being ignored for over a month or more repetitively. This resulted in greatly improved communications with GM’s senior house counsel. After protracted negotiations and pandemic delays, the manufacturer agreed to pay the consumer $15,000.00 and let him keep the vehicle after refunding him for towing and hotel expenses when the new Cadillac broke down out of state while on vacation. It is noteworthy that the offers from GM started at only $3000.00, then $6.000.00, $10,000.00, $12,500.00, and finally $15,000.00 due to attorney Ballato’s persistence and negotiations.

Ligitation & General Practice

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

Lemon Law Cases