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Steven V. v. General Motors

Case Type:   New Car Purchase, 2018 Chevrolet Equinox Premier Diesel
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., of Massapequa, NY
Defendant Attorney(s):   Alexis Neal, Esq. Negotiator-Northeast Team Lead for General Motors LLC
Facts:   The consumer purchased a new 2018 Chevrolet Equinox Premier Diesel on July 24, 2019. Thereafter while the vehicle was still under the manufacturer’s warranty it needed a “particulate matter sensor” for the diesel emissions that was unavailable and by reason of same the vehicle could not pass an emissions inspection. The vehicle was beyond the lemon law warranty and the consumer was frustrated by having a vehicle that was in jeopardy of having its registration expire or get tickets for expired inspection. This vehicle was well past the Lemon Law limits and the consumer felt he had a vehicle that would soon be unusable due to unavailable diesel parts and thus worthless.
Verdict:   Consumer then retained Anthony T. Ballato in November 2022 and after correspondence and calls with General Motor’s counsels, Mr. Ballato negotiated a repurchase of the vehicle for $29,379.00 that was then 4 years old and had over 36,000 miles on it as well as $4,000.00 in legal fees from General Motors LLC in January 2023 pursuant to the Magnusson Moss Warranty Act. All sales tax being refunded by separate application to NYS Tax Department.

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