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Recent Trial Victories and Settlements

This is a list of fourteen (14) recent trials, two arbitrations (2) and three (3) settlements. They are all public record and can be verified at the respective courthouse by index number. They are NOT meant to indicate the value/worth of your case. Each case is different and can produce very different results at trial.

Victories

Squeo v. Chrysler (Supreme Court - New York) Index No. 710 TSN2002
Verdict
Jury awarded full refund of purchase in the amount of $33,000 despite the fact that the vehicle had been driven 30,000 miles over 3 plus years. The judge awarded $52,102.70 in attorney's fees and costs.
Brief Facts
1999 Dodge Durango which suffered from a "knocking" noise from the engine. Through the use of expert testimony, we proved that the engine was defective. Chrysler had made 6 repair attempts prior to the trial but was unsuccessful in repairing the vehicle.
Cannon v. Newmar (U.S. District/Northern District NY) Index No. 03 CV 4063
Verdict
Consumer won full refund of a motor home's purchase price (nearly $170,000). Our firm's attorneys' fees and expenses were settled for $60,500.
Brief Facts
The consumer's motor home suffered from various problems although no single problem reoccurred. The multitude of problems resulted in an engine failure, power steering failure and even a gas leak. The problems resulted in the motor home being out of service due to repairs for approximately 70 days within the first year.
Marzullo v. General Motors (Supreme Court of the State of NY, County of Dutchess) Index No. 001993/2001
Verdict
The court awarded the consumer full relief under the Lemon Law. GM had to satisfy the consumer's obligations under her lease and refund her an amount consistent with the formula provided under the Lemon Law.
Brief Facts
Despite the fact that the car's transmission problems were fixed after the 5th attempt, the repairs resulted in more than 30 days of "downtime". This fact alone was sufficient to entitle the consumer to relief under the Lemon Law.
Singh v. Toyota (Supreme Court of New York) Index No. 123419/00
Verdict
After trial, the court awarded the consumer a full refund of the purchase price of $24,000. Toyota and the selling dealer settled our firm's attorneys' fees for $18,000.
Brief Facts
The consumer's minivan broke down just 3 days after purchase. Due to a shortage of the required part, the vehicle was not repaired for 50 days. The vehicle was adequately repaired and no problems were experienced for nearly two years.
Clarke v. F&S Motors (Supreme Court - Kings County) Index No. 1243/00
Verdict
Jury awarded consumer a full refund of the $28,000 purchase price. Attorneys' fees were settled for $19,000
Brief Facts
The consumer purchased a 3 year old BMW M3 sports car from an authorized BMW dealer. Prior to the purchase, the vehicle had been involved in a front-end collision resulting in significant damage. The dealership never told the consumer about the prior accident damage although the dealer claimed that it did not know either. The expert retained by our firm demonstrated to the jury how the accident damage affected the car's value and safety.
Sabeno v. Koeppel Mitsubishi (Civil Court - Queens County) Index No. 074271-00
Verdict
Court awarded the consumer a full refund of $21,000. The court then awarded our firm's attorneys' fees in the amount of $20,000.
Brief Facts
The consumer purchased a used Mitsubishi which suffered from electrical and transmission problems. The dealership tried to fix the transmission on 2 occasions and then argued that the transmission concern was "normal". Our firm used documents published by Mitsubishi to prove that the concern was not only abnormal, but easily correctable if the dealer had only looked at the information Mitsubishi provided.
Taylor v. DaimlerChrysler (Supreme Court - Rockland County) Index No. 5416/99
Verdict
Jury awarded $22,989 to Plaintiff (and she was able to retain ownership of the subject vehicle). $18,500 awarded to Plaintiff and our firm for attorney fees and costs.
Brief Facts
98 Plymouth Voyager was brought in for repairs a total of 10 times in 33,000 miles. Repairs included replacement of the transmission twice, replacement of various parts in the steering system; and replacement of the water pump. The vehicle had 39,000 miles at time of trial.
Oddo v. Ford Motor Co. (Civil Court - New York County) Index No. 11227-CV-99
Verdict
Jury awarded refund of entire purchase price of vehicle ($26,000), plus pre-judgment interest. Plaintiff was required to return vehicle. Ford settled our firm's attorney fees and costs for $20,000.
Brief Facts
98 Ford Mustang GT Convertible with approximately 5,000 miles at the time of trial. Plaintiff had returned the vehicle three times to the selling dealer for bubbles and spider cracks in the paint.
Quattrocchi v. Honda (Civil Court - New York County) Index No. 1126-CV-99
Verdict
Jury awarded refund of entire purchase price of vehicle ($19,647) and Plaintiff was required to return the vehicle. The vehicle had approximately 55,000 miles on it at the time of trial. Honda settled our firm's attorney fees and costs for $14,000.
Brief Facts
98 Honda Accord was brought in for an intermittent stalling/no start problem six times.
Templer v. Ford Motor Company (Civil Court - New York County) Index No. 033490-CV-1999
Verdict
One day bench trial. Early termination of lease plus refund of all payments made which totaled $6,001.62 Judge awarded our firm $9,730 in fees plus pre-judgment interest on the fees. The vehicle had 80,000 miles on it at time of trial.
Brief Facts
99 Mercury Grand Marquis was brought in (4) times for repairs within the first year for a pulling problem with the steering which was never corrected.
Labarge v. DaimlerChrysler (Supreme Court - Rockland County) Index No. 6149/99
Verdict
Jury awarded Plaintiff $6,520. Judge awarded our firm $17,000 in fees and costs. Car had more than 60,000 miles at time of trial.
Brief Facts
97 Dodge Ram pickup was brought in to dealer for repairs a total of (12) times for various repairs including replacement of mirror, rim & tire defect, steering/suspension repairs, replace transmission auxillery cooler lines, oil leak, wiper motor defect, shocks, radio replacement.
Klemanski v. DaimlerChrysler(Civil Court - New York County) Index No. 702 TSN 2002
Verdict
One day bench trial. Judge awarded Plaintiff $16,800 plus interest from July of 1999 and released Plaintiff from any other further obligations under the finance agreement. Judge awarded our firm $20,687.50 in fees and costs. The vehicle had 80,000 miles on it at the time of the trial.
Brief Facts
Plaintiff purchased a new 1997 Jeep Grand Cherokee. However, unbeknownst to the Plaintiff, the engine had been replaced prior to his purchase. In the first 9 months of ownership, the vehicle had to be towed to a service station because it had stalled and lost all power. The vehicle had been out of service for repairs for more than 30 days in the first 9 months and at the time of trial, the vehicle had 80,000 miles and had required repairs on (15) separate occasions.
Tarulli v. Mitsubishi Motors of America (Civil Court - New York County) Index No. 171 TSN 2001
Verdict
One day bench trial. Judge awarded $10,018 in damages. Judge awarded $15,862.75 in attorney fees and costs.
Brief Facts
Client leased a brand new 1998 Mitsubishi 3000 GT SL. Vehicle was presented for repairs 3 times to correct air leaking from tires as a result of defective wheels. Defect was never repaired.
Gregory v. New Rochelle Toyota (City Court of the City of New Rochelle) Index No. CV-2006-01
Verdict
One day bench trial. Judge awarded Plaintiff $13,551.10. Plaintiff revoked acceptance and left car on Defendant's lot with the keys. The appellate court reversed the trial court and awarded over $19,000 in fees.
Brief Facts
Plaintiff purchased from Defendant a used Toyota 4Runner. Within the first 60 days of ownership, the car was presented for a repair which took 52 days to complete, and pursuant to the used car Lemon Law, the Plaintiff was entitled to a full refund.

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Settlements

Speckman v. Bronx Volkswagen and Warrantech Automotive Inc. (Civil Court - New York County) Index No. 2241/99
Verdict
Case settled for reimbursement of almost all monies paid toward the vehicle and $17,574 in fees to our firm.
Brief Facts
Client purchased a used 1994 Mazda 626 with 47,331 miles. Vehicle was sold with a Service Contract. Within 60 days of purchasing the vehicle, the engine seized and the dealer and Service Contract Company refused to repair the vehicle.
Schifter v. Volkswagen of America (Civil court - New York County) Index No. 012321-CV-1999
Verdict
Case settled for substitution of collateral. Client received a brand new model year 2001 VW Beetle. Our firm settled attorney fees for $10,000 after picking a jury.
Brief Facts
Client purchased a brand new 1998 Beetle. Client experienced problems with the headlight assembly, trunk, transmission and tape player.
Perlmutter v. Subaru of America, Inc. (Civil Court - New York, County) Index No. 27465/ 99
Verdict
Case settled for complete refund of purchase price to client and $6500 in attorney fees.
Brief Facts
Client purchased a 1999 Subaru Outback. Client experienced problems with the engine, steering, radio, rear window and windshield.

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Attorney General Arbitrations

Delellis v. Volkwagen (NY State Attorney General) Index No. 31696
Verdict
Full refund of the purchase price, less a deduction for mileage in accordance with the Lemon Law.
Brief Facts
Just one month after purchase, the consumer was involved in a front-end collision resulting in $10,000 worth of damage. Shortly after the repairs were completed, the vehicle began to stall while driving. In total, the car was repaired for the stalling condition on 9 occasions. Volkswagen's expert argued that the stalling concern was the result of damage caused by the accident and, thus, not covered by the Lemon Law. Our firm was able to effectively cross-examine this expert and demonstrate that the stalling concern was the result of a defect in the ignition coils.
Kowalski v. Georgie Boy Motor Homes (NY State Attorney General) Index No. 31738
Verdict
Full refund of the purchase price ($67,000), less a deduction for mileage in accordance with the Lemon Law.
Brief Facts
The consumer's motor home suffered from a variety of problems resulting in the motor home being out of service due to repairs for more than 30 days. One concern was an engine problem, one a brake problem and the final problem was a cracked windshield that was caused by incorrect installation of the dashboard.

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