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Nissan Infinity New Car Lease Purchase Lemon Law

Case Type:   Lemon Law / New Car Lease Purchase
Case:   Denise Marcoccia v. Nissan North America, Inc.
Date:   August 29, 2017
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Janelle Cantrall, Arbitration Specialist from Nissan North America, Inc., Franklin, TN
Facts:   On July 10, 2015, Consumer Denise Marcoccia, leased a new 2015 Infinity QX60 from Competition Infiniti of Saint James, NY. On November 2, 2016, the consumer brought the car in for service to Competition Infinity for a service recall. The recall was for the controller assy-occupant sen. The technician replaced the part. The consumer also alleges that the weather stripping on the left side of the roof rack was peeling back. The kit roof was replaced. The consumer also alleges that water is leaking into the vehicle on the left side A pillar. The pillar is badly stained. The sunroof drains were clogged. On July 3, 2017, the consumer brought the vehicle in for repair alleging that the car had a musty smell. And to have the windshield fixed. The carpets were replaced.
Verdict:   After several attempts to fix the vehicle and 39 days out of service the consumer hired, Anthony T. Ballato, Esq. of Massapequa, NY to represent her. 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, Claims Under Manufacturer’s Warranties and Magnusson-Moss Warranty Act; and Demand for All Sales, Financing and Service Documents. After conversations and correspondence with Janelle Cantrall, Arbitration Specialist of Nissan North America, Inc., advised that the manufacturer would settle the matter. The consumer received $12,896.05, representing return of all the lease payments. The lessor received $42,713.89, plus legal fees to Mr. Ballato in the amount of $1,750.00.

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