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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.

Ligitation & General Practice

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

Lemon Law Cases