BARILLA v. GUNN BUICK


139 Misc.2d 496 (1988)

Deborah Barilla, Plaintiff, v. Gunn Buick-Cadillac-GMC, Inc., Defendant.

City Court of Oswego, Oswego County.

March 31, 1988


Attorney(s) appearing for the Case

James W. McCarthy for plaintiff. Richard C. Mitchell, Jr., for defendant.


FRANK M. KLINGER, J.

The question presented which is certainly of enormous State-wide interest is whether the New York State Lemon Law (General Business Law § 198-b) permits a judgment for the consumer in the case of a sale of a used car by a dealer under the appropriate 30-day used car warranty when the consumer does not notify the dealer of the failure of the covered part within the specified warranty...

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