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Mary Grace McAllister Davis v. Chevrolet / General Motors

Case Type:   Lemon Law / New Car Purchase
Case:   Mary Grace McAllister Davis v. Chevrolet / General Motors - SR: 9-6382034818
Date:   April 19, 2021
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Alexis Neal, Specialist Customer Relationship Specialist of General
Facts:   On August 1, 2020, Consumer Mary Grace McAllister Davis purchased a new 2020 Chevrolet Camaro from Millennium Chevrolet in Hempstead, New York with MSRP of $ $30,930.00. The consumer immediately began to experience faulty transmission stopping and shifting. The transmission body was replaced, however, the trouble persisted and dealer’s attempts to repair the vehicle failed. Consumer was uncomfortable and felt the vehicle was untrustworthy with the dangerous and unreliable conditions that were persisting throughout dealer’s several attempts of repairing it. In total, the consumer returned to dealer for repairs on four (4) separate occasions resulting in the vehicle being out of service for over forty (40) days. Finally, the transmission was replaced, and the vehicle was made safe to operate after the Lemon Law limits of thirty (30) days or (4) repairs were met.
Verdict:   The consumer’s request for repurchase or replacement of the vehicle was denied, then the consumer retained Anthony T. Ballato, Esq. of Massapequa, New York to represent her. Mr. Ballato sent a demand letter to the manufacturer, General Motors, demanding that they replace or repurchase the consumer for her 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 Alexis Neal of General Motors, the manufacturer made an offer to settle the case of agreed upon cash refund in the amount of $12,500.00 (increased from prior offer of $8,500), including attorney’s fees of $2,500.00. Additionally, consumer was able to retain repaired and warrantied vehicle.

Lemon Law Cases