New York State Lemon Law Case Evaluation
EUGENE KRUKAS, PLLC
New York Lemon Law Firm
New York City Lemon Law

Recent Cases

 

We have included a sample of some of our recent cases below for your review.  Prior results do not guarantee a similar outcome.


2013 Ford Explorer.  Approximately 1,400 miles.  Severe and persistent vibration.  Manufacturer repaired it several times, but ultimately took the position that the vehicle was operating as designed and refused further repairs.  Sent a 'refusal to repair' letter pursuant to the New York Lemon Law statute which Ford did not comply with.  Resolved 03/2013 - $7,000 in monetary compensation from Ford which allowed the client to trade in the vehicle without taking a loss.


2011 Volkswagen Jetta.  Approximately 22,000 miles.  Persistent water leak with resulting electrical defects and foul odors.  Vehicle subject to repair in excess of 30 days during the 2 year / 18,000 mile New York State Lemon Law Presumption Period.  Resolved 03/2012 - Client awarded a full refund of her purchase price by Volkswagen.  Attorney fees paid by Volkswagen.


2011 Dodge Durango.  Approximately 5800 miles.  Persistent suspension noise and pulling concerns.  Over 4 repairs for the same defect and over 30 days out of service for repair during the 2 year / 18,000 mile New York State Lemon Law Presumption Period.  Manufacturer wished to settle the case for cash pre-litigation but the client insisted upon repurchase of the vehicle. Arbitration hearing held on 2/20/13.  Arbitrator awarded full refund of purchase price.


2008 Ford F-250.  Approximately 45,000 miles.  Persistent coolant leak. Vehicle used commercially so Lemon Law did not apply.  Instead, asserted claim under the Magnusson-Moss Warranty Act.  Resolved 01/2013 - $7,000 monetary compensation from manufacturer.  Client kept vehicle.


2011 Suzuki SX4.  Approximately 16,000 miles.  Vehicle stalled at highway speeds.  Manufacturer refused to repair the vehicle on multiple occasions. Sent a 'refusal to repair' letter pursuant to the New York State Lemon Law statute.  Manufacturer refused to make any offer pre-litigation or fix the vehicle.  Arbitration hearing was held on 7/26/12.  Arbitrator awarded full refund of purchase price.  

  
2010 Land Rover LR2.  Approximately 22,000 miles.  Airbag system defects. Insufficient repairs during the 2 year / 18,000 mile New York State Lemon Law Presumption Period to compel a repurchase or replacement of the vehicle. Resolved 06/2012 - $8,500 in monetary compensation from Land Rover. Client kept vehicle.


2010 Subaru Outback.  Approximately 29,000 miles.  Suspension and steering defects.  Insufficient repairs during the 2 year / 18,000 mile New York State Lemon Law Presumption Period to compel a repurchase or replacement of the vehicle.  Resolved 5/2012 - $8,,175 in monetary compensation from Subaru. Client kept vehicle.


2010 Jeep Wrangler.  Approximately 10,500 miles.  Persistent water leak concern.  Over 30 days out of service for repair during the 2 year / 18,000 mile New York State Lemon Law Presumption Period.  Manufacturer refused to make any offer pre-litigation, stating that the client chose to leave the vehicle at the dealership while awaiting availability of water leak specialist, and could have driven the vehicle in the meantime.  Arbitration hearing was held on 2/23/12. Arbitrator awarded full refund of purchase price.


2010 Volkswagen Golf TDI.  Approximately 11,700 miles.  Persistent brake 'binding' issue.  Over 4 repairs for that same defect during the 2 year / 18,000 mile New York State Lemon Law Presumption Period.  Resolved 02/2012.  Client awarded a full refund by Volkswagen.   All attorney fees paid by Volkswagen.


2011 Kia Sorento.  Approximately 13,888 miles.  Persistent electrical defects causing vehicle to fail to operate.  Over 30 days out of service during the 2 year / 18,000 miles New York State Lemon Law Presumption Period. Manufacturer refused to repurchase the vehicle voluntarily, but made a substantial cash offer.   Client did not agree to the cash offer so an arbitration was commenced in September of 2011 through the NYS Attorney General's Office.  Resolved 12/2011. Prior to the arbitration hearing the manufacturer agreed to award the client a full refund.  All attorney fees reimbursed by manufacturer.


2011 Ford Mustang.  Approximately 11,400 miles.  Persistent transmission defect with over 30 days out of service during the 2 year / 18,000 mile New York State Lemon Law Presumption Period.  Resolved 01/2012. The client was awarded a full refund by Ford.  All attorney fees were paid by Ford.


2009 Cadillac SRX.
  Approximately 11,000 miles.  The navigation system on the vehicle would intermittently fail (2 repairs). Additionally, in one location on the floor of the vehicle the carpeting didn't rest correctly and popped up slightly.  Resolved 11/2011. Although the defects in the vehicle raised serious 'substantial impairment' issues, GM agreed to pay compensation to the client in the amount of $5,800.00.  The client kept the vehicle.


2011 Jeep Grand Cherokee.  Approximately 8,300 miles.  Vehicle had a persistent 'shudder' while accelerating.  Over 35 days out of service during the 2 year / 18,000 mile New York State Lemon Law Presumption Period. Resolved 10/2011.  Client was awarded a full refund from Chrysler. Manufacturer paid all attorney fees.


2010 Scion XB (Toyota).  Approximately 20,000 miles.  3 repairs for a water leak and resulting mold/mildew issue.  Client was concerned about possible negative respiratory effects from the mold.  Resolved 10/2011.  Toyota agreed to replace the vehicle with a brand new one due to the client's reasonable health concerns.  This despite the fact that strictly speaking the presumption requirements of the New York State Lemon Law were not met.  Toyota also paid all attorney fees.


2011 Jeep Grand Cherokee Laredo.  Approximately 10,500 miles.  Vehicle made a slight noise while driving in reverse.  After repairing the vehicle 3 times, the dealership claimed it could no longer duplicate the concern.  Resolved 9/2011.  Sent a New York State "refusal to repair" letter which persuaded Chrysler to dispatch an engineer to repair the vehicle.  The issue was verified by the engineer and finally repaired to the satisfaction of the client.  Although the requirements of the NYS Lemon Law were not met on the basis of number of repairs or substantialness, Chrysler agreed to pay $4,750.00 to the client as compensation.  Client kept the vehicle.


2009 Chevrolet Tahoe Hybrid.  Approximately 31,500 miles.  Vehicle would stall while operating.  The majority of repairs occurred after the 2 year / 18,000 mile New York State Lemon Law Presumption Period.  Resolved 08/2011.  General Motors was persuaded to replace the vehicle with a brand new one due to the egregious safety issues with the vehicle.  Additionally, GM waived the statutory usage offset in this case, which is very unusual, as under NYS law the usage offset would have been about $10,000.00.  GM also paid all attorney fees.

 

2009 Lincoln MKS.  Approximately 7,500 miles.  Persistent electrical failure to start concern.  Manufacturer blamed the problem on the client on the basis of insufficient usage causing the battery to discharge (it was only driven about 3,000 miles per year).  Resolved 04/2011.  The client was awarded compensation in the amount of $7,500.00 and kept the vehicle.
  

2010 Volkswagen Tiguan.  Approximately 5,500 miles.  Fuel pump and differential defects.  Over 30 days out of service for repair during 2 year / 18,000 miles New York State Lemon Law Presumption Period.  Resolved 03/2011 – Brand new replacement vehicle.  Manufacturer paid all attorney fees.

2009 Ford MKS.  Approximately 8,000 miles.  Leased.  Electrical and HVAC defects.  Insufficient repairs during the 2 year / 18,000 miles New York State Lemon Law Presumption Period to compel a repurchase or replacement.  Resolved 03/2011 - $7,500.00 in monetary compensation from Ford.  Client keeps the vehicle.


2008 Chrysler Sebring Convertible.
  Approximately 20,000 miles.  Engine and convertible top defects.  Over 30 days out of service for repair during 2 year / 18,000 miles New York State Lemon Law Presumption Period.  Chrysler initially refused to make any settlement offer.  Lawsuit against Chrysler commenced 4/2010.  Resolved 01/2011 – Full Lemon Law repurchase.  Manufacturer paid all attorney fees and court / process server expenses. 

Eugene

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Eugene Krukas, Esq.

2704 Grand Ave

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Bellmore, NY 11710

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