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Laurie Golowach v. General Motors Corporation

Settlement:   Manufacturer then agreed to repurchase the vehicle and return all lease payments to the Consumer plus sales tax to be refunded by New York State
Case Type:   Lemon Law / New Vehicle Lease
Case:   Laurie Golowach v. General Motors Corporation
Date:   April 8, 2019
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Janelle Lowden, Business Resource Center Alorica on behalf of Chevrolet
Facts:   On April 9, 2018, Consumer Laurie Golowach leased a new 2018 Chevrolet Traverse from Atlantic Chevrolet Cadillac, Bay Shore, New York. The consumer brought the vehicle in for service alleging that the vehicle was making popping sounds, the emergency brake would come on by itself, there was a burning smell coming from the dash board, the headlights weren’t working and the car wouldn’t start on several occasions. The consumer brought the vehicle in for service several times alleging the same things were wrong with the vehicle.
Injury:   Multiple attempts to fix the vehicle and over 60 days out of service.
Verdict:   After multiple attempts to fix the vehicle and over 60 days out of service, the consumer hired Anthony T. Ballato, Esq. of Massapequa, New York to represent her. Mr. Ballato sent a demand letter to the manufacturer, General Motors Corporation, demanding that they repurchase the consumer’s vehicle with 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 several phone calls and emails with Janelle Lowden of General Motors, the manufacturer made a cash offer of $6,200.00 on February 27, 2019 to settle the matter. Mr. Ballato spoke to the consumer and the consumer would not accept the settlement. On March 26, 2019, the Manufacturer made another cash offer of $6,700.00 to settle the matter. Mr. Ballato spoke to the consumer and the consumer would not accept the settlement. On April 2, 2019, the Manufacturer made a cash offer of $18,000.00 to settle the matter after commencement of the Arbitration proceeding by Mr. Ballato. Once again Mr. Ballato spoke to the consumer and the consumer would not accept the offer. The manufacturer then agreed to repurchase the vehicle and return all lease payments to the Consumer plus sales tax to be refunded by New York State.

Lemon Law Cases