McCarthy v. Quirk Nissan, Inc.

On April 23, 2006, plaintiff Paul E. McCarthy (“McCarthy”) purchased from defendant Quirk Nissan, Inc. (“Quirk”) a 2002 Nissan Maxima (“the car”). On June 21, 2006, as a result of recurring mechanical problems with the car, including illumination of the “check engine” light and engine stalling during normal operation, McCarthy wrote to Quirk rescinding his acceptance of the car pursuant to G.L.c. 90, §7Nl/4, the Massachusetts “Lemon Law.” The letter included a G.L.c. 93A demand for relief. In a written response, Quirk disputed the existence of a “covered defect” for the purposes of §7Nl/4,…