Lemon Law Complaint

[COURT CAPTION]

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [PLACEHOLDER: COUNTY]
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[PLAINTIFF NAME(S)],
Plaintiff(s),

— against —

[DEFENDANT NAME(S) (MANUFACTURER)],
[DEFENDANT NAME(S) (DEALER)],
and [DEFENDANT NAME(S) (FINANCE COMPANY, if any)],
Defendant(s).
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INDEX NO.: _________________
COMPLAINT FOR VIOLATION OF NEW YORK “NEW CAR LEMON LAW”
(N.Y. GEN. BUS. LAW § 198-a), BREACH OF WARRANTY, AND RELATED RELIEF
JURY TRIAL DEMANDED

TABLE OF CONTENTS

1. Document Header ................................................. 1
2. Definitions ..................................................... 2
3. Jurisdiction & Venue ............................................ 3
4. Parties ......................................................... 3
5. Preliminary Statement ........................................... 4
6. Statement of Facts .............................................. 5

7. Causes of Action ................................................ 7
   7.1 Count I – Violation of N.Y. Gen. Bus. Law § 198-a ............ 7
   7.2 Count II – Breach of Express Warranty (U.C.C. Art. 2) ....... 8
   7.3 Count III – Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. 9

8. Demand for Jury Trial ........................................... 10

9. Prayer for Relief ............................................... 10
10. Verification & Certification ................................... 11
11. Signature Block ................................................. 12

1. DOCUMENT HEADER

1.1 Effective Date. This Complaint is filed on [PLACEHOLDER: DATE] (the “Filing Date”).

1.2 Governing Law. Pursuant to N.Y. Gen. Bus. Law § 198-a (the “Lemon Law”) and other applicable state and federal statutes, this action is governed by the substantive law of the State of New York.

1.3 Forum Selection. Plaintiff(s) bring this action exclusively in the above-captioned New York state court.

2. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.

“Arbitration Program” means the New York State New Car Lemon Law Arbitration Program administered under the supervision of the New York State Attorney General.

“Coverage Period” means the earlier of (a) the first 24 months after original delivery of the Vehicle to Plaintiff(s), or (b) the first 18,000 miles of operation, as prescribed by N.Y. Gen. Bus. Law § 198-a(b)(1).

“Defect” or “Nonconformity” means any condition or defect that substantially impairs the value of the Vehicle to Plaintiff(s) and is covered by the applicable Express Warranty.

“Express Warranty” means any written warranty issued by Manufacturer or Dealer with respect to the Vehicle.

“Manufacturer” means [PLACEHOLDER: MANUFACTURER NAME], as defined in N.Y. Gen. Bus. Law § 198-a(a)(3).

“Reasonable Number of Repair Attempts” means (a) four (4) or more repair attempts for the same Nonconformity, or (b) the Vehicle has been out of service for repair of one or more Nonconformities for a cumulative total of 30 or more calendar days, as set forth in N.Y. Gen. Bus. Law § 198-a(d).

“Vehicle” means the new motor vehicle purchased or leased by Plaintiff(s) described in Section 6.1.

3. JURISDICTION & VENUE

3.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over this action under N.Y. Const. art. VI § 7 and N.Y. C.P.L.R. § 301 because the causes of action arise under New York statutory and common law.

3.2 Personal Jurisdiction. Defendants are subject to personal jurisdiction in New York because they conduct substantial business in this State and because the acts and omissions giving rise to this action occurred within New York.

3.3 Venue. Venue is proper in this County under C.P.L.R. § 503(a) because at least one Defendant resides in this County and/or a substantial part of the events giving rise to the claims occurred here.

3.4 Arbitration Election. Pursuant to N.Y. Gen. Bus. Law § 198-a(g), Plaintiff(s) were advised of the Arbitration Program and have elected to proceed with this civil action in lieu of arbitration.

4. PARTIES

4.1 Plaintiff(s). [PLACEHOLDER: PLAINTIFF NAME(S)] (“Plaintiff” or “Plaintiffs”) are natural persons residing at [PLACEHOLDER: ADDRESS], and are “consumers” within the meaning of N.Y. Gen. Bus. Law § 198-a(a)(1) and 15 U.S.C. § 2301(3).

4.2 Defendant Manufacturer. [PLACEHOLDER: MANUFACTURER NAME] is a [PLACEHOLDER: ENTITY TYPE] organized under the laws of [PLACEHOLDER: STATE] with its principal place of business at [PLACEHOLDER: ADDRESS], and at all relevant times manufactured and warranted the Vehicle.

4.3 Defendant Dealer. [PLACEHOLDER: DEALER NAME] is a [PLACEHOLDER: ENTITY TYPE] licensed to sell new motor vehicles in the State of New York and sold or leased the Vehicle to Plaintiff(s).

4.4 Defendant Finance Company (if applicable). [PLACEHOLDER: FINANCE COMPANY] financed Plaintiff(s)’ purchase/lease of the Vehicle and, under Magnuson-Moss, may be treated as a warrantor.

5. PRELIMINARY STATEMENT

5.1 Nature of the Action. This is a civil action for statutory rescission, refund, or replacement of a defective new motor vehicle, plus incidental and consequential damages, reasonable attorneys’ fees, costs, and such other relief as the Court deems just, arising from Defendants’ failure to conform the Vehicle to the warranties mandated by N.Y. Gen. Bus. Law § 198-a.

5.2 Relief Requested. Plaintiff(s) seek:
(a) Return of the full purchase price or, in the alternative, replacement of the Vehicle with a comparable vehicle;
(b) Refund of all collateral charges, sales tax, registration fees, and finance charges;
(c) Incidental and consequential damages in an amount to be determined at trial;
(d) Reasonable attorneys’ fees, expert fees, and costs as authorized by statute; and
(e) Any additional or alternative relief—including injunctive relief compelling vehicle replacement—permitted by law.

6. STATEMENT OF FACTS

6.1 Vehicle Description. On or about [PLACEHOLDER: PURCHASE DATE], Plaintiff(s) purchased/leased a new [YEAR] [MAKE] [MODEL], Vehicle Identification Number (“VIN”) [PLACEHOLDER: VIN] (the “Vehicle”), from Defendant Dealer for a total purchase price of $[PLACEHOLDER: AMOUNT].

6.2 Warranties Provided. The Vehicle was sold with:
(a) The Manufacturer’s standard [PLACEHOLDER: TERM, e.g., “3-year/36,000-mile bumper-to-bumper”] Express Warranty; and
(b) Any implied warranties under U.C.C. Article 2 and federal law.

6.3 Emergence of Nonconformities. Beginning on or about [PLACEHOLDER: DATE], the Vehicle exhibited multiple Nonconformities, including but not limited to:
(i) [PLACEHOLDER: DEFECT 1];
(ii) [PLACEHOLDER: DEFECT 2]; and
(iii) [PLACEHOLDER: DEFECT 3].

6.4 Repair History. Between [PLACEHOLDER: DATE RANGE], Plaintiff(s) presented the Vehicle to authorized dealers for repairs on at least [NUMBER] separate occasions totaling [NUMBER] days out of service. The repair orders are attached hereto as Exhibit A.

6.5 Failure to Conform. Despite a Reasonable Number of Repair Attempts, Defendants failed to repair or correct the Nonconformities, and the Nonconformities continue to substantially impair the value and safety of the Vehicle.

6.6 Notice. On [PLACEHOLDER: DATE], Plaintiff(s) served written notice upon Manufacturer demanding replacement of, or refund for, the Vehicle pursuant to N.Y. Gen. Bus. Law § 198-a(d). Manufacturer refused and/or failed to comply within the statutory time frame.

6.7 Compliance with Conditions Precedent. All conditions precedent to bringing this action have been satisfied, waived, or excused.

7. CAUSES OF ACTION

7.1 Count I – Violation of New York New Car Lemon Law

(Against All Defendants)

7.1.1 Plaintiff(s) incorporate by reference Paragraphs 1 through 6.7.

7.1.2 Under N.Y. Gen. Bus. Law § 198-a(c)–(d), Defendants were obligated, after a Reasonable Number of Repair Attempts, to either (a) replace the Vehicle with a comparable new vehicle or (b) accept return of the Vehicle and refund the purchase price plus statutory collateral charges.

7.1.3 Defendants breached this statutory duty by failing to provide the required replacement or refund.

7.1.4 Plaintiff(s) have suffered damages in an amount equal to the purchase price of the Vehicle, incidental and consequential damages, and statutory attorneys’ fees.

7.2 Count II – Breach of Express Warranty

(U.C.C. Article 2, Against Manufacturer and Dealer)

7.2.1 Plaintiff(s) incorporate by reference Paragraphs 1 through 6.7.

7.2.2 The Express Warranty constituted a basis of the bargain under U.C.C. § 2-313.

7.2.3 Defendants breached the Express Warranty by failing to repair or replace the Vehicle so as to conform to the warranty.

7.2.4 As a direct and proximate result, Plaintiff(s) suffered damages as stated herein.

7.3 Count III – Magnuson-Moss Warranty Act

(15 U.S.C. § 2301 et seq., Against All Defendants)

7.3.1 Plaintiff(s) incorporate by reference Paragraphs 1 through 6.7.

7.3.2 The Vehicle is a “consumer product” and Plaintiff(s) are “consumers” within the meaning of 15 U.S.C. § 2301.

7.3.3 Defendants failed to remedy warranted defects within a reasonable time and without charge, violating 15 U.S.C. §§ 2304(a)(1)–(4).

7.3.4 Plaintiff(s) are entitled to damages, costs, and reasonable attorneys’ fees under 15 U.S.C. § 2310(d)(2).

8. DEMAND FOR JURY TRIAL

Pursuant to C.P.L.R. § 4102 and the Seventh Amendment to the United States Constitution as applied to the states, Plaintiff(s) demand trial by jury on all issues so triable.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff(s) respectfully request that the Court enter judgment in their favor and against Defendants, jointly and severally, as follows:

A. Statutory refund of the full purchase price of the Vehicle, including sales tax, title, registration fees, finance charges, and other collateral charges, less a reasonable mileage offset, or, at Plaintiff(s)’ election, replacement of the Vehicle with a new, comparable vehicle;

B. Incidental and consequential damages according to proof at trial;

C. Pre-judgment and post-judgment interest as permitted by law;

D. Reasonable attorneys’ fees and costs pursuant to N.Y. Gen. Bus. Law § 198-a(l) and 15 U.S.C. § 2310(d)(2);

E. Injunctive relief compelling Defendants to comply with statutory obligations regarding vehicle replacement;

F. Such other and further relief as the Court deems just and proper.

10. VERIFICATION & CERTIFICATION

[PLACEHOLDER: VERIFICATION STATEMENT per C.P.L.R. § 3020, signed by Plaintiff(s).]

[PLACEHOLDER: ATTORNEY CERTIFICATION under 22 N.Y.C.R.R. § 130-1.1-a, certifying that reasonable inquiry has been made and that the contentions herein are not frivolous.]

11. SIGNATURE BLOCK

Respectfully submitted,

DATED: [PLACEHOLDER: DATE]

_____________________________________
[ATTORNEY NAME], Esq.
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff(s)

EXHIBIT LIST

A. Repair Orders and Service Records
B. Written Warranty Documents
C. Demand Letter(s) to Manufacturer

RISK MANAGEMENT & STRATEGIC NOTES

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