Main Menu

Thomas Arceri v. FCA US LLC

Settlement:   The consumer received a full refund of his lease payments less excess use over the first 12,000 free miles and lease interest deduction, plus the $250.00 filing fee.
Case Type:   Lemon Law / New Car Lease
Case:   Thomas Arceri v. FCA US LLC
Date:   July 31, 2019
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Katelyn Balsamico, Esq. Rose Waldorf PLLC
Facts:   On March 15, 2018, Consumer Thomas Arceri leased a new 2019 Jeep Cherokee from Smith Haven Jeep in New York. The consumer had chronic intermittent problems with the radio / central control display and brought the vehicle back for service 5 times and was out of service, about 52 days within the new car Lemon Law warranty.
Injury:   Chronic intermittent problems with the radio / central control display and brought the vehicle back for service 5 times and was out of service, about 52 days within the new car Lemon Law warranty.
Verdict:   The consumer’s requests for repurchase or replacement of the vehicle were denied, then the consumer hired Anthony T. Ballato, Esq. of Massapequa, New York to represent him. Mr. Ballato sent a demand letter to the manufacturer, FCA US LLC 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 many phone calls and emails to the manufacturer’s attorneys with no decision reached, and thereafter denial of any relief, Mr. Balllato advised the consumer to file for arbitration. About April 23, 2019, Mr. Ballato filed for an Arbitration Hearing with the Attorney General of the State of New York. The Hearing was scheduled for June 26, 2019. The Hearing date was then adjourned to July 31, 2019 at the request of the Manufacturer. All parties attended the contested Hearing. On August 5, 2019 he received the Arbitrator’s Decision For A Consumer-Leasee Refund. The Arbitrator found that the consumer qualified for relief under General Business Law §198-a (The Lemon Law) on both grounds of exceeding 4 repair attempts and being out of service 30 or more days from substantial product defects. The manufacturer thereafter repurchased the vehicle. The consumer received a full refund of his lease payments less excess use over the first 12,000 free miles and lease interest deduction, plus the $250.00 filing fee. A separate application for refund of sales tax was made pursuant to Tax Law §1139.

Lemon Law Cases