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Lawrence Sparks v. Audi of America

Case Type:   Lemon Law / New Car Lease
Date:   February 19, 2020
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Nicole B., Esq., Specialist Customer Resolution & Retention Volkswagen Group of America
Facts:   On August 2, 2018, Consumer Lawrence Sparks purchased a new 2017 Audi A8L from Audi of Smithtown, Inc in New York with agreed value of $81,468.75. The consumer had multiple electric problems and brought the vehicle back for service 4 times and was out of service about 50 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, Audi of America, 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 Nicole B. of Audi of America the manufacturer made an offer to settle the case for full value repurchase. The manufacturer agreed to repurchase the vehicle for a full refund of $52,790.76 to the consumer, payoff of loan in amount of $21,790.68 and attorney’s fees of $1,500.00. 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