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Appellate Division Victories

Our firm has been at the forefront of consumer law issues in New York's Appellate Courts. The following are decisions in which the firm prevailed in New York's Appellate Division.

  • In re General Motors Corp. (Warner), 24 A.D.3d 869 (3d Dept. 2005) (holding that the lemon law does not require a defect to exist at the time of the trial or hearing).
  • Kucher v. Daimler Chrysler Corp., 9 Misc. 3d 45,802 N.Y.S.2d 298 (App. Term. 2005)(holding that the lemon law does not requre a defect to exist at the time of the trial or hearing).
  • Martin Motor Sales, Inc. v. Anglero, 13 A.D. 3d 281 (1st Dept. 2004) (confirming arbitration award in favor of consumer and finding that Martin Motors violated the lemon law).
  • Shuldman v. Daimler Chrysler Corp., 1 A.D. 3d 343 (2d Dept. 2003) (holding that consumer can pursue remedy of revocation against car manufacturer under the Magnuson Moss Warranty Act).
  • Bay Ridge Toyota, Inc. v. Lyons, 272 A.D.2d 397, 707 N.Y.S.2d 205 (2nd Dept. 2000)(holding that under the New York Used Car Lemon Law, the arbitrator properly found that the dealer had violated its statutory warranty because the car had been out of service for 15 or more days and that the issue of whether the car was operable at the time of the arbitration was irrelevant).
  • Hussain v. General Motors, 276 A.D.2d 452, 715 N.Y.S.2d 394 (1st Dept. 2000)(holding that attorney time records and retainer agreements are not discoverable in a case brought under the Magnuson Moss Warranty Act which seeks an award of attorney fees).