Legal Opinion

Giant Used Cars A/S, Inc. v. Baptiste

New York Supreme Court

Decided August 19, 1998Published

1Opinion of the Court

OPINION OF THE COURT

Arthur W. Lonschein, J.

This motion for an order vacating an arbitration award and petition is dismissed. The alternate arbitration mechanism set forth in section 198-b of the General Business Law and the *1014regulations promulgated thereunder, 13 NYCRR part 300, establish a compulsory arbitration process for Lemon Law disputes. These regulations contain procedural safeguards, and therefore comport with due process. (See, Lyeth v Chrysler Corp., 929 F2d 891.) The governing regulations provide that the administrator, appointed by the Attorney-General, assign an arbitrator, and…

2Cases cited3 opinions

  1. MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990
  2. In re the Arbitration between Eagle Insurance & National Union Fire Insurance Co. of PennsylvaniaAppellate Division of the Supreme Court of the State of New York · 1994
  3. Smith v. Brooklyn Car Connection, Inc.Civil Court of the City of New York · 1993

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