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Volkswagen Passat

Case Type:   Lemon Law New Car Purchase
Case:   Tropeano, Vincent v. Volkswagen of America, Inc.
Date:   June 23, 2016
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Asheda Williams, Closing Coordinator & Customer Resolution
Facts:   On April 15, 2015, claimant Vincent Tropeano purchased a new 2015 Volkswagen Passat from Bindels Automotive Inc. d/b/a Smithtown Volkswagen. Claimant alleges that while driving on the Cross Bronx Expressway the vehicle suffered loss of brake power. Claimant called VW Car-net and told them that the brake pedal would not depress and that he had limited brake power. On January 29, 2016, the claimant received a dashboard message for Oil Pressure, Stop Engine. Claimant called Smithtown Volkswagen. They told him to avoid driving the car and bring it in for service. Consumer was given a loaner. On February 4, 2016, while claimant was driving vehicle the dashboard light gave the message Oil Pressure, Stop Engine alert again. On February 16, 2016, when the claimant got in the vehicle after work and started the car, he got the same message Oil Pressure, Stop Engine. Later that day he received a call that a software upgrade was necessary because the engine was new. That was done. The next day the dealership notified the claimant that they were receiving the same message. On February 26, 2016 consumer started car and got the same message.
Injury:   Tropeano alleged that his brake pedal would not depress and the vehicle had limited power. The camshaft and Pressure Valve had to be replaced. The dealership found metal shards in the oil pan and the long block had to be replaced. A harness had to be installed in the vehicle.
Verdict:   After numerous attempts to fix the vehicle and over 35 days out of service, the claimant hired Anthony Ballato, Esq. to represent him. Mr. Ballato sent a demand letter to Volkswagen Group of America, Inc. demanding the claimant’s money back or another vehicle of equal value. After several conversations and emails with the Manufacturer, the case was settled for full value. The manufacturer bought the vehicle back in the amount of $27,502.40 plus $1,500 in legal fees.

Ligitation & General Practice

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

Lemon Law Cases