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Nissan Maxima

Car spent too much time in repair shop, owner alleged

Settlement:   $24,970.99
Case Type:   Lemon Law, Alternative Dispute Resolution - Arbitration
Case:   Jordan Vasquez v. Nissan Motor Corporation
Venue:   Office of the Attorney General, NY
Judge:   Steven Sarisohn
Date:   Wednesday, August 24, 2005
Plaintiff Attorney(s):   Anthony T. Ballato; Massapequa, NY, for Jordan Vasquez
Defendant Attorney(s):   None reported; null, null, for Nissan Motor Corp.
Facts:   In September 2004, claimant Jordan Vasquez purchased a new 2004 Nissan Maxima sedan. Vasquez claimed that the vehicle's brake system malfunctioned during the car's first week of use. He contended that the brakes' application caused vibrations and lateral movement of the car. Vasquez claimed that a licensed Nissan Motor Corp. repair shop performed five separate repair attempts, but that all were unsuccessful. He claimed that at least four additional repairs were attempted during the ensuing two years, but that the brake-system defect was not resolved. Vasquez attempted to return the vehicle, but the dealership would not accept the vehicle. Vasquez initiated a proceeding against the vehicle's manufacturer, Nissan Motor. He alleged that the dealership violated the general business law. The matter proceeded to an arbitration hearing. Vasquez's counsel claimed that the vehicle's poor condition permitted recovery via application of General Business Law article 11-A, § 198-a, which is commonly known as the Lemon Law. The law specifies that a vehicle's first 24 months and/or 18,000 miles must not include more than four repair attempts and/or 30 days of repair-shop time.
Injury:   Vasquez sought recovery of $27,541.61, which represented the vehicle's purchase price. He also sought recovery of the arbitration's $250 filing fee and $152.50 for the vehicle's document, inspection, registration and title fees.
Verdict:   Arbitrator Steven Sarisohn rendered a claimant's decision. Vasquez was awarded $24,971, which represented the arbitration fee and the vehicle's full purchase price, less depreciation, mileage and tax. Jordan Vasquez $27,542 Commercial: Purchase price of vehicle $153 Commercial: Registration, Title, Document and Inspection fees S250 Commercial: Filing fees

Ligitation & General Practice

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

Lemon Law Cases