Lemon Law / New Car Lease
Case Type: | Lemon Law / New Car Lease | |
Case: | Michelle Lavitt v. Volvo Cars of North America, Inc. | |
Plaintiff Attorney(s): | Anthony T. Ballato, Esq., Massapequa, NY | |
Defendant Attorney(s): | Jeff Germata, Reacquisition Coordinator and Raven Foreman, Customer Care Coordinator III, Stericycle | |
Facts: | On February 23, 2016, consumers Jason Lavitt and Michelle Lavitt leased a 2016 Volvo XC90 from VIP of Huntington LLC. On February 29, 2016, the consumer brought the vehicle to Huntington Volvo for service. The consumer alleged that the check locking system failure warning came up and that the rear doors would not open from inside. The technician found there is known diagnostic trouble codes with VIDA. The system was reset. On July 28, 2016, consumer brought the vehicle in for service alleging that the audio system is not functioning, that the auto locking is engaged and they want it disengaged and to perform any recalls on the vehicle. On December 9, 2016, the consumer brought the vehicle in for service for recalls to be performed and the O-Rings need to be replaced. They replaced the expansion valve and performed evac and recharge. The software control module needed downloading. On May 9, 2017, the consumer brought the vehicle in for service to perform recalls and open service campaign. The vehicle would have trouble accelerating after being stopped, but the RPMs on the dashboard were going up. The technician found that the electric rear axle drive needed replaced. The car was out of service for 35 days while this was being performed. On August 25, 2017, the consumer brought the vehicle in for service alleging the software needed to be updated. The front and rear parking sensor activated when there was nothing there. On September 19, 2017, the consumer brought the vehicle in for service to have recalls performed. The technician found that the hybrid battery was empty. | |
Verdict: | After several attempts to fix the vehicle and over 53 days out of service, the consumers hired attorney Anthony T. Ballato, Esq. of Massapequa, NY to represent them. 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 conversations and correspondence with Volvo Cars of North America, of Rockleigh, NJ, the consumers were advised that the manufacturer was going to repurchase the vehicle. The consumer received $16,873.74, representing a return of all the lease payments. The Lessor received $58,178.63, plus legal fees to Mr. Ballato in the amount of $2,500.00. |
Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2
Lemon Law Cases
- Baumgardt, Jean A. V. Jaguar Land Rover North America, LLC
- David F. v. Volkswagen of America Inc.
- Shannon O. v. FCA US LLC
- Ian B. v. Ford
- Stephen Fisher v. Ford
- P. R. v. JJM Automotive LLC d/b/a Empire Chrysler Doge Ram of West Islip
- Kennedy, S&W v. General Motors LLC
- Rafael Gonzalez v. Volvo Cars of North America
- Jose Franceschi v. Chevrolet / General Motors, LLC
- Egbert, Peter v. Alfa Romeo / FCA
- Louis Q. v. Porsche Cars of North America
- Joshua Caspi v. Jaguar Land Rover North America, LLC
- Jasleen Rayano v. Jaguar Land Rover North America, LLC
- Consumer B. versus BMW of North America, LLC
- Baumgardt v. Jaguar Land Rover North America LLC
- Jaqueline Cuellar v. Chevrolet / General Motors LLC
- Richard Mills v. Chevrolet / General Motors, LLC
- Gregory Lehecka v GM LLC
- Mary Grace McAllister Davis v. Chevrolet / General Motors
- Francine Kaczor v. Audi of America
- Elisabeth Gagliano v. FCA US LLC / Jeep
- Gary Fish v. GMC
- Alan R Versus BMW of North America, Inc.
- Lawrence Sparks v. Audi of America
- Richard and MaryJo Graffeo v. Audi of America
- Louis DeRose v. Jaguar Land Rover North America, LLC
- Brian Stefanovic v. Jaguar Land Rover North America, LLC
- Jeremy Maswary v. Ford Motor Company
- Thomas Arceri v. FCA US LLC
- Allison Quinto v. Jaguar Land Rover North America, LLC
- William and Barbara Ahlers v. Subaru of America, Inc.
- Laurie Golowach v. General Motors Corporation
- Howard Z. v. Maserati
- Maryanne & Michael Hinchy v. Nissan North America
- David Casamento and Andrew Berends v. Jaguar Land Rover North America, LLC
- Nabieva Madina v. Mercedes-Benz USA, LLC
- Kathleen Friedman v. Audi of America
- Bentley, McLaren, BMW and Mini Cooper Vehicles
- Kevin Aldrich v. FCA US LLC
- Robert Rapisarda v. FCA US LLC
- Oscar Deco, Inc. / Aida Calderon v. Mercedes-Benz USA, LLC
- Peter Arner v. Jaguar Land Rover North America, LLC
- Peter Cardone v. Jeep / FCA US LLC
- Paulo Rodriguez Arias v. Chevrolet Motor Division
- Rafael Gonzalez v. Volvo Cars of North America
- Demetrios M. Perdios v. Audi of America
- Auto Dealer Fraud / Deceptive Trade Practices Alleged And Used Lemon Vehicle
- Lemon Law / New Car Purchase
- Used Car Purchase / New Car Lemon Law
- Lemon Law / New Car Lease
- Lemon Law New Car Purchase
- BMW Auto Dealer Fraud Deceptive Trade Practices
- Chevrolet Tahoe New Car Purchase Lemon Law
- General Motors Lemon Law New Car Purchase
- Lemon Law New Car Lease
- Mazda Used Car Purchase Lemon Law
- Nissan Infinity New Car Lease Purchase Lemon Law
- Nissan Maxima New Car Purchase Lemon Law
- Porshe Used Car Repurchase Lemon Law
- Volvo Used Car Lemon Law
- Jeep Renegade
- Chevrolet Camaro
- Acura MDX
- Jeep Grand Cherokee
- Ford Escape
- Honda Pilot
- Lexus LX570
- Toyota Rav 4
- Dodge Challenger
- Hyundai Tucson
- Chevrolet Tahoe Truck
- Volkswagen Passat
- Dodge Charger
- Jeep Renegade
- Jeep Grand Cherokee
- Chevrolet Camaro
- Mercedes GLA45
- Jeep Grand Cherokee
- Honda CRV-EXL
- Porsche Carrera Turbo
- Volkswagen Tiguan
- Audi A8
- Chevrolet Tahoe Truck
- Dodge Ram 2500 SLT truck
- Audi S4 Sedan
- Hyundai Tucson
- Lexus ES350
- Jeep Grand Cherokee Overland
- Infiniti QX56 SUV
- McLaren MP4-12C
- Maserati Ghibli
- Maserati GT Sport
- Ford F350 Diesel Pick-up Truck
- Dodge Ram 2500 Full Refund
- Jeep Grand Cherokee
- Audi S4
- Ford Edge
- Subaru Outback
- Audi TT Convertible
- Ford Mustang Saleen S281
- Chevrolet Cruze Turbo Diesel
- Hyundai Genesis
- Volkswagen Passat
- Chrysler Eagle
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- Kawasaki Motorcyle
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- Ford Expedition
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- Ford Windstar
- Ford Windstar
- Ford Windstar
- General Motors
- General Motors GMC Acadia
- Hummer
- Infiniti G35 Sport Sedan
- Infiniti Q45
- Jeep Grand Cherokee Overland
- Kia Sephia
- Land Rover Discovery
- Lexus SC430
- Nissan Maxima
- Audi A6 Sedan
- Nissan Maxima
- Nissan Quest
- Porsche Cayenne
- Volkswagen Jetta
- Volkswagen Passat
- Volkswagen Touareg