Lemon Law Complaint - New York

NEW YORK NEW CAR LEMON LAW COMPLAINT

1. CAPTION

[COURT NAME]

[COUNTY] COUNTY

Index No. [________________]

COMPLAINT

Plaintiff alleges:

2. PARTIES, VENUE, AND VEHICLE

1. Plaintiff [NAME] resides at [ADDRESS] in [COUNTY] County, New York.

2. Plaintiff is a “consumer” under GBL § 198-a(a)(1) because Plaintiff is the [NON-RESALE PURCHASER / QUALIFYING LESSEE / NON-RESALE TRANSFEREE / OTHER PERSON ENTITLED BY THE WARRANTY TO ENFORCE IT] of the Vehicle and uses it primarily for personal, family, or household purposes.

3. If Plaintiff is a lessee, the written lease makes Plaintiff responsible for repairs, as required by GBL § 198-a(a)(5).

4. Defendant [NAME] is the Vehicle's manufacturer and may be served through [REGISTERED AGENT AND ADDRESS].

5. On [DATE], Plaintiff [PURCHASED / LEASED / RECEIVED] a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [DEALER].

6. At original delivery, the Vehicle was subject to Defendant's express written warranty.

7. The Vehicle was sold and registered in New York, was not obtained for resale, and is not an off-road vehicle.

8. This standard form does not concern a motor home's residential facilities or other special motor-home procedures under GBL § 198-a(n).

9. The purchase or lease, registration, warranty, and lien or lessor documents are attached as Exhibits A and B.

10. Venue is proper in this county because [STATE THE CURRENT FACTUAL AND LEGAL BASIS].

3. TIMELY REPORT AND REPAIR DUTY

11. The date of original delivery was [DATE].

12. The Vehicle reached 18,000 miles on [DATE]. The second anniversary of original delivery was [DATE]. The earlier date was [DATE].

13. Before that earlier date, Plaintiff reported the following nonconformity, defect, or condition to [DEFENDANT / DEFENDANT'S AGENT / AUTHORIZED DEALER]: [DESCRIBE PRECISELY].

14. GBL § 198-a(b)(1) required Defendant, its agent, or its authorized dealer to correct the timely reported problem without charge, even if the repair occurred after the 18,000-mile or two-year period.

15. The defect or condition substantially impairs the Vehicle's value to Plaintiff as follows: [DETAILS].

16. The defect or condition did not result from abuse, neglect, or unauthorized modifications or alterations by Plaintiff.

4. REPAIR HISTORY AND CONTINUING DEFECT

17. The repair history is:

18. After a reasonable number of attempts, Defendant, its agent, or its authorized dealer was unable to repair or correct the defect or condition.

19. The substantially value-impairing defect or condition continues to exist as follows: [DETAILS].

20. The repair orders, communications, current-condition evidence, and calendar-day calculation are attached as Exhibit C.

5. REASONABLE-NUMBER PRESUMPTION

21. Select each supported ground under GBL § 198-a(d), measured within the earlier of 18,000 miles or two years after original delivery:

• ☐ Four repairs. The same nonconformity, defect, or condition was subject to repair four or more times by Defendant, its agents, or its authorized dealers and continues to exist.
• ☐ Thirty calendar days. The Vehicle was out of service by reason of repair of one or more nonconformities, defects, or conditions for at least 30 cumulative calendar days.

22. Any extension under GBL § 198-a(e) is limited to time when repair services were unavailable because of war, invasion, strike, fire, flood, or other natural disaster. The applicable extension is [NONE / DETAILS].

23. Plaintiff [RELIES ON THE § 198-a(d) PRESUMPTION / PLEADS AN INDEPENDENT FACTUAL SHOWING OF A REASONABLE NUMBER OF ATTEMPTS].

6. OPTIONAL REPAIR-REFUSAL ROUTE

24. Use this section only if supported by GBL § 198-a(b)(2):

• ☐ Defendant's agent or authorized dealer refused to undertake repairs within seven days after receiving Plaintiff's notice.
• ☐ On [DATE], Plaintiff notified Defendant of that refusal by certified mail, return receipt requested. Defendant received the notice on [DATE]. The notice and receipt are attached as Exhibit D.
• ☐ Defendant and its authorized agent failed to commence repairs within 20 days after receipt.

25. If the repair-refusal route does not apply, delete paragraph 24. GBL § 198-a(c) does not impose a general consumer-certified-mail or final-repair prerequisite after the four-repair or 30-day showing.

7. INFORMAL DISPUTE-SETTLEMENT MECHANISM

26. Select and complete the applicable alternative under GBL § 198-a(g):

• ☐ Defendant had established [PROGRAM] as an informal dispute-settlement mechanism. Plaintiff first resorted to it on [DATE]; the proceeding ended on [DATE] with [RESULT]. The record is attached as Exhibit E.
• ☐ Defendant had not established an informal dispute-settlement mechanism. Supporting facts and documents: [DETAILS].

27. Plaintiff has therefore satisfied, or is not subject to, the § 198-a(g) first-resort condition on the subdivision (c) replacement-or-refund remedy.

28. Plaintiff did not elect the separate Attorney General alternate-arbitration mechanism under GBL § 198-a(k) and instead brings this direct judicial action.

8. CONSUMER'S STATUTORY ELECTION

29. Under GBL § 198-a(c)(1), Plaintiff elects [A COMPARABLE REPLACEMENT VEHICLE / RETURN AND REFUND].

30. For a purchased Vehicle, the refund calculation is:

31. The mileage deduction under GBL § 198-a(a)(4) is zero through 12,000 miles. Above 12,000 miles, it equals:

([TOTAL MILES] − 12,000) × $[PURCHASE PRICE] ÷ 100,000 = $[DEDUCTION]

32. A purchased-Vehicle refund must be paid to Plaintiff and any lienholder as their interests appear in the ownership records.

33. Defendant must accompany the refund with the proper application for credit or refund of state and local sales taxes and the statutory notice that the refunded sales tax is refundable by the Department of Taxation and Finance.

34. For a leased Vehicle, replace paragraphs 30 through 33 with the allocation required by GBL § 198-a(c)(2): Plaintiff receives the capitalized cost; the lessor receives the lease price less aggregate deposit and rental payments previously paid; Plaintiff seeks termination without an early-termination penalty as provided by the section; and the refund includes the required sales-tax application and notice.

9. TIMELINESS AND FEES

35. Original delivery occurred on [DATE]. Plaintiff commenced this action on [DATE], within the four-year deadline in GBL § 198-a(j).

36. If Plaintiff prevails, the Court may award reasonable attorney fees under GBL § 198-a(l).

10. COUNT I — GBL § 198-a

37. Plaintiff incorporates paragraphs 1 through 36, with unused alternatives deleted.

38. Plaintiff is a consumer, Defendant is the manufacturer, and the Vehicle and warranty are covered by GBL § 198-a.

39. Plaintiff timely reported a defect or condition that substantially impairs the Vehicle's value.

40. After a reasonable number of attempts, Defendant, its agents, or its authorized dealers were unable to repair or correct it.

41. Plaintiff satisfied, or was not subject to, the § 198-a(g) first-resort condition.

42. Defendant has not provided Plaintiff's elected replacement or correctly calculated refund under § 198-a(c).

43. Plaintiff timely filed under § 198-a(j).

11. PRAYER FOR RELIEF

Plaintiff requests judgment:

1. Determining that Defendant failed to comply with GBL § 198-a;
2. Ordering the comparable replacement or refund Plaintiff elected under § 198-a(c);
3. If Plaintiff elected a refund, applying the statutory components, deductions, allocations, sales-tax application, and notice;
4. Awarding reasonable attorney fees in the Court's discretion under § 198-a(l);
5. Awarding taxable costs and interest only to the extent independently authorized and proved; and
6. Granting any further relief authorized by the pleaded section and proved in this action.

12. SIGNATURE BLOCK

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME], New York Attorney Registration No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

13. EXHIBIT AND FILING CHECKLIST

• ☐ Exhibits A and B — Purchase or lease, registration, warranty, use, and lien or lessor documents
• ☐ Exhibit C — Repair orders, communications, current-condition evidence, and calendar-day calculation
• ☐ Exhibit D — Certified-mail refusal notice and receipt, only if invoking § 198-a(b)(2)
• ☐ Exhibit E — Manufacturer-mechanism record, or evidence no mechanism existed
• ☐ Exhibit F — Replacement election or refund and mileage-deduction calculation
• ☐ Confirm the form is not being used for a used vehicle, motor-home special procedure, or arbitration-related proceeding
• ☐ Confirm current court, venue, service, pleading, filing, verification, and jury-demand requirements
• ☐ File within four years after original delivery

14. SOURCES AND REFERENCES

• New York Senate — current GBL § 198-a
• New York Attorney General — New Car Lemon Law Guide