Smith v. Brooklyn Car Connection, Inc.

OPINION OF THE COURT

David Friedman, J.

General Business Law § 198-b, the Used Car Lemon Law, provides for arbitration of disputes between used car dealers and their customers. The issue presented by the motion pending before the court concerns the type of service to which a used car dealer is entitled when it is being notified that the dispute is to be arbitrated. The applicable statutes and regulations indicate that service by ordinary mail is sufficient.

On April 6, 1991 plaintiff purchased a 1982 Jaguar from defendant used car dealer. Plaintiff, being dissatisfied with the performance of the…