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Nissan Maxima New Car Purchase Lemon Law

Case Type:   Lemon Law / New Car Purchase
Case:   Jeffrey Hazan v. Nissan North America, Inc.
Date:   August 24, 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 May 28, 2016, Consumer Jeffrey Hazan, purchased a new 2016 Nissan Maxima from Legend Nissan, LTD., of Syosset, New York. On September 2, 2016 the consumer was advised to bring the car in for an emission recall to Legend Nissan. On September 15, 2016 the consumer brought the vehicle back in for a recall for the ABS actuator. The part had to be ordered. On October 6, 2016, the consumer returned the car to Legend Nissan and they replaced the ABS actuator. On November 13, 2016, the consumer alleges that the check engine light was on. The oxygen sensor deep in the engine needed to be replaced. The technician ordered the part. The oxygen sensor was replaced on November 17, 2016 at Legend Nissan. On May 15, 2017 the consumer noticed that his steering column was cracked and brought it to the dealer for service. The technician ordered the part to fix the steering wheel. After driving the vehicle with the air conditioner on the consumer noticed no water was dripping under the car. The consumer brought the vehicle for service and was told that the evaporation mechanism removed most of the water drip. Later that day the consumer looked under his car and still did not see water instead he allegedly discovered water was leaking under his floor mats on the front and back of the passenger side of the car. He brought the car back to Legend Nissan where the technician inspected the vehicle and found that the drain hose was totally detached. The hose was fixed and the carpet was dried. The consumer used the air conditioner on the drive home. When he got home he checked the carpeting and found that the front and back passenger carpets were wet. The consumer brought the vehicle back on July 17, 2017 for service and was told that the car would have to remain at the dealer. The seats had to be removed, the carpet had to be pulled up and the damage had to be assessed. On July 24, 2017 the service department called the consumer and advised him that the car has been worked on but is not ready yet. On July 31, 2017, the consumer was advised that he could pick his vehicle up. When the consumer went to pick up his car on August 1, 2017, while he was inspecting the vehicle he found a small dent and crack near the gas tank. He showed the staff member the damage and was advised that the car would have to go to their Hicksville location to have the damage fixed. The dealership issued him a loaner car. On August 8, 2017 the consumer was advised that he could come pick up his car.
Verdict:   After several attempts to fix the vehicle and 42 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; 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 manufacturer repurchased the vehicle for $42,509.30, including legal fees to Mr. Ballato in the amount of $1,750.00.

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