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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 The technician found that the radio was out of date.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.

Ligitation & General Practice

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

Lemon Law Cases