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Richard Mills v. Chevrolet / General Motors, LLC

Case Type:   Lemon Law New Car Purchase
Case:   Richard Mills v. Chevrolet / General Motors, LLC
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Plaintiff Expert(s):   Alaya Alvarado, GMC Business Resource Center
Defendant Attorney(s):   Alexis Neal, J.D., Business Resource Center, Negotiator, Special Counsel on Behalf of General Motors LLC
Facts:   On April 6, 2019, Consumer Richard Mills, purchased a new 2019 Chevrolet Tahoe LT from Empire Chevrolet of Huntington, New York. Shortly after taking possession of the vehicle, serious problems surfaced including gear shift malfunction causing the vehicle to be inoperable from ½ hour to several hours upon each episode occurrence, lack of power steering, faulty odometer, problem with starter / failure of starter to disengage, causing loud screeching and grinding noise resulting in damage to transmission. On January 7, 2020, the consumer brought the vehicle in for service indicating continued malfunctioning of the gear shift and starter not disengaging. Repairs / Replacements were made including loose electrical wire repair, flywheel, starter, and flex plate. On April 22, 2020, the consumer brought the vehicle into service as the consumer alleges that the vehicle’s problems persisted and were never rectified. Once again, on July 3, 2020, the consumer brought the vehicle in for service repeating the same serious conditions persisted explaining the vehicle is extremely unreliable and inoperable rendering it unsafe to drive. At this time, the dealership acknowledged the malfunction, however, they still failed to repair the vehicle.
Verdict:   After several attempts to fix the vehicle and 48 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 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 numerous conversations and correspondence with General Motors, LLC of Detroit, MI and unreasonable delays by GM during the pandemic, Mr. Ballato felt compelled to communicate with senior personnel at General Motors to get responses to calls and emails that were being ignored for over a month or more repetitively. This resulted in greatly improved communications with GM’s senior house counsel. After protracted negotiations and pandemic delays, the manufacturer agreed to repurchase the vehicle in the full amount of $67,945.50 and returned the vehicle at the selling dealer plus pay consumer’s attorney $4,500. A separate application is made for full refund of New York sales tax of $5,974.00.

Ligitation & General Practice

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

Lemon Law Cases