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Maryanne & Michael Hinchy v. Nissan North America

Settlement:   Manufacturer agreed to repurchase the vehicle from the consumer for full value plus legal fees.
Case Type:   Lemon Law / New Car Purchase
Case:   Maryanne & Michael Hinchy v. Nissan North America
Date:   February 20, 2019
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Jacklyn Capers, Arbitration Specialist, Dispute Resolution, Programs Customer Quality
Facts:   On September 1, 2017, Consumers Maryanne and Michael Hinchy purchased a new 2017 Nissan Murano from Legend Nissan, Syosset, New York. The consumers brought the vehicle in for service alleging that the right front floor was leaking, the carpet was wet and the car smelled. The technicians removed the console and seats, and found one bolt had to be removed and replaced. When the carpet was lifted out of the car, there was water on the passenger side of the floor board. There was an improper seam sealer and the rubber gromets in the floor board were missing. The body sealer was replaced. After the consumer picked up the vehicle from service, they brought it back alleging that the car smelled like seam sealer. The technician removed the seam sealer and resealed it.
Injury:   Multiple attempts to fix the vehicle and over 52 days out of service.
Verdict:   After multiple attempts to fix the vehicle and over 52 days out of service, the consumer’s hired Anthony T. Ballato, Esq. of Massapequa, New York to represent them. Mr. Ballato sent a demand letter to the manufacturer, Nissan North America 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 several phone calls and emails with Jacklyn Capers, of Nissan North America, the manufacturer agreed to settle the matter. The manufacturer agreed to repurchase the vehicle from the consumer for full value plus legal fees.

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