DaimlerChrysler Co. v. Billet
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Tax Law § 2016) to review a determination of respondent Tax Appeals Tribunal which sustained a sales and use tax assessment imposed under Tax Law articles 28 and 29.
Petitioner manufactures motor vehicles which it sells to franchised dealers, who then sell the vehicles to consumers. Under the New Car Lemon Law (hereinafter the Lemon Law), when a motor vehicle manufacturer is unable to remedy substantial defects in a new vehicle, the manufacturer is required to, at the consumer’s option, either replace the defective…
2Cases cited14 opinions
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- Nordlinger v. HahnSupreme Court of the United States · 1992
- Allied Stores of Ohio, Inc. v. BowersSupreme Court of the United States · 1959
- Madden v. Kentucky Ex Rel. CommissionerSupreme Court of the United States · 1940
- Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
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- Karlsberg v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2011
- Empire Gen Holdings, Inc. v. Governor of New YorkNew York Supreme Court · 2013
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