Legal Opinion

In re the Arbitration between Hynson & American Motors Sales Corp.

Appellate Division of the Supreme Court of the State of New York

Decided October 29, 1990PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Eiber, J.

We are called upon to determine an issue left unanswered in the case of Matter of American Motors Sales Corp. v Brown (152 AD2d 343): whether the compulsory arbitration provision of the New Car Lemon Law (General Business Law § 198-a [k]) applies to new motor vehicles purchased prior to its effective date of January 1, 1987. For the reasons which follow, we conclude that the petitioner in this case is one of the class of consumers entitled to invoke the benefits of the compulsory arbitration provision, and that the Supreme Court properly confirmed that portion of…

2Cases cited17 opinions

  1. Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
  2. Becker v. Huss Co.New York Court of Appeals · 1978
  3. MTR. STATE v. Ford Motor Co.New York Court of Appeals · 1989
  4. MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990
  5. Coffman v. CoffmanAppellate Division of the Supreme Court of the State of New York · 1977

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3Cited by20 opinions

  1. Nelson v. HSBC Bank USAAppellate Division of the Supreme Court of the State of New York · 2011
  2. Robert J. Lyeth v. Chrysler Corporation, Robert Abrams, Attorney General of the State of New York, InterveningCourt of Appeals for the Second Circuit · 1991
  3. Diaz v. Audi of America, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Auger v. StateAppellate Division of the Supreme Court of the State of New York · 1997
  5. Wade v. Byung Yang KimAppellate Division of the Supreme Court of the State of New York · 1998

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