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Richard and MaryJo Graffeo v. Audi of America

Case Type:   Lemon Law / New Car Lease
Case:   Richard and MaryJo Graffeo v. Audi of America
Date:   April 24, 2020
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Nicole B., Esq., Specialist Customer Resolution & Retention Volkswagen Group of America
Facts:   On May 8, 2019, Consumers Richard and MaryJo Graffeo purchased a new 2019 Audi QB from Audi of Massapequa / Legend Autorama Ltd. in New York with agreed value of $89,786.23 including wheels added of $4,216.00. The consumers had multiple electric problems and brought the vehicle back for service 7 times and was out of service, about 54 days within the new car Lemon Law warranty.
Verdict:   The consumers’ requests for repurchase or replacement of the vehicle were denied, then the consumers hired Anthony T. Ballato, Esq. of Massapequa, New York to represent them. Mr. Ballato sent a demand letter to the manufacturer, Audi of America, demanding that they repurchase the consumers’ 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 Nicole B. of Audi of America the manufacturer made an offer to settle the case for full value repurchase. The manufacturer agreed to repurchase the vehicle for a full refund of $50,796.81 to the consumers, payoff of loan in amount of $36,302.62 and attorney’s fees of $1,500.00 and provide $2,500.00 in loyalty assistance toward any lease or purchase. A separate application for refund of sales tax was made pursuant to Tax Law §1139.

Ligitation & General Practice

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

Lemon Law Cases