Legal Opinion
Miller v. Crabtree Mazda, Inc.
Civil Court of the City of New York
Decided February 25, 1990PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Peter Tom, J.
The New Car Lemon Law (General Business Law § 198-a) appears to have a flaw in its application when a consumer brings a legal proceeding against a foreign automobile manufacturer under the facts presented.
Plaintiff purchased a 1988 Mazda automobile from defendant Crabtree, a franchised Mazda car dealer, on or about April 26, 1988. Plaintiff alleges that the automobile failed to start and had to be towed by defendant Crabtree for repairs *660on six separate occasions and has been out of service for a period of over 30 days from August 11, 1988_through February 23,…
2Cases cited6 opinions
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Delagi v. Volkswagenwerk AG of WolfsburgNew York Court of Appeals · 1972
- Palmerton v. Envirogas, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Faravelli v. Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Miller v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1984
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3Cited by1 opinion
- General Electric Capital Auto Lease, Inc. v. D'AgneseAppellate Division of the Supreme Court of the State of New York · 1997