Kaltz v. Stein

OPINION OF THE COURT

Martin J. Kerins, J.

This is an action to recover $1,500 for breach of warranty within the scope of General Business Law § 198-b which *259applies to sales of used motor vehicles and is commonly known as the New York State "Lemon Law”.

On March 6, 1985, plaintiffs purchased a used car from the defendant for $4,662.50 inclusive of tax. The defendant is a licensed dealer who operates his used car dealership from his residence. At the time of purchase, such car had an odometer reading of 47,191 miles. Defendant did not provide any warranty for the car. Indeed, the bill of sale…