Lemon Law / New Car Purchase
Case Type: | Lemon Law / New Car Purchase | |
Case: | Robert Perry v. FCA US LLC | |
Plaintiff Attorney(s): | Anthony T. Ballato, Esq., Massapequa, NY | |
Defendant Attorney(s): | Rose Waldorf PLLC, Albany, NY, Attn: Cassandra Gipe, Esq. | |
Facts: | On July 19, 2017, Consumer Robert Perry purchased a new 2016 Jeep Cherokee Trail Hawk from Island Chrysler Jeep Dodge Ram, of Staten Island, New York. On January 23, 2017, the consumer brought the vehicle in for service for recalls. On January 31, 2017, consumer brought the vehicle in for service alleging that the key fobs do not work and that his lift gate would not open from remote or button in the truck. The technician also performed recalls on the vehicle. On February 6, 2018, consumer brought the vehicle in for service for recalls and updates and also the liftgate did not work. On April 14, 2018, consumer brought the vehicle in for service alleging that the liftgate sticks and will not open from inside the vehicle. The consumer also alleges that the Bluetooth drops calls and that the speech recognition does not work. On May 9, 2017, consumer brought the vehicle in for service alleging that the Sirius radio only gets four (4) stations, the oil level is low and that his high beams are not very bright. On May 25, 2017, consumer brought the vehicle in for service alleging that the radio was not working. The technician found that the radio was out of date. The consumer alleged that the auto start-stop system light was on. The technician found that there was a code and that there was a loose connection. The consumer was also alleging that he had to add half a quart of oil every 900 miles. On June 22, 2017, consumer brought the vehicle in for service alleging that the Sirius radio cuts in and out. The technician ordered and installed a new unit. The new unit had no volume interval and no icon. The vehicle was out of service for 26 days. On July 25, 2017, consumer brought the vehicle in for service alleging the Sirius radio did not work. The technician confirmed the diagnosis and installed a new radio. On August 31, 2018, consumer brought the vehicle in for service alleging that the liftgate will not operate from the fob or the button in the vehicle. Recalls were also performed on the vehicle. On November 1, 2017, consumer brought the vehicle in for service alleging that the blue tooth will not connect. The technician confirmed the problem. He deleted U connect from the consumer’s phone and D phone from the radio and performed a hard reset on the radio. The consumer was alleging that the hatch will not open from the fob or button in the vehicle. The technician verified consumer’s concern and performed software update for BCM. | |
Verdict: | After several attempts to fix the vehicle and over 80 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 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; and Claims Under Manufacturer’s Warranties And Magnusson-Moss Warranty Act. After several conversations, correspondence and emails with Cassandra Gipe, Esq., of Rose Waldorf PLLC, of Albany, New York the attorney for the Manufacturer they made a low offer to settle. Mr. Ballato, Esq. asked them to come back with a better offer and they did not. Mr. Ballato applied for arbitration with the Attorney General in November 2017. The Arbitration Hearing date was set for February 1, 2018. On January 31, 2018, we received a called from Cassandra Gipe, Esq. offering increasing cash amounts and then finally on the eve of the hearing, after discovery and arguments over whether the subject vehicle defects were “substantial impairments” under the Lemon Law, the Manufacturer agreed to repurchase the vehicle back. The client will receive a check from the manufacturer in the amount of $33,212.66 representing the repurchase amount of the vehicle. |
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
- Chrysler Cross-Fire
- Volkswagen Toureg
- Kawasaki Motorcyle
- Bentley
- Cadillac Escalade
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- Chevrolet Camaro
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- Chevy Equinox
- Dodge Intrepid
- Ford Cougar
- Ford Escape
- Ford Expedition
- Ford F350 Pickup Truck
- 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