AM. MOTORS SALES v. BROWN


152 A.D.2d 343 (1989)

In the Matter of American Motors Sales Corporation, Respondent, v. Leon W. Brown, Appellant, and Robert Abrams, as Attorney-General of The State of New York, Intervenor-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 13, 1989


Attorney(s) appearing for the Case

Leon W. Brown, appellant pro se. (Relying on brief filed by Attorney-General.)

Robert Abrams, Attorney-General (Deborah I. Volberg and Robert F. Roach of counsel), intervenor-appellant pro se.

Herzfeld & Rubin, P. C. (Herbert Rubin and David B. Hamm of counsel), for respondent.

MANGANO, SPATT and ROSENBLATT, JJ., concur with MOLLEN, P. J.; SULLIVAN, J., concurs in part and dissents in part in a separate opinion.


MOLLEN, P. J.

The primary issue presented by this appeal is whether an automobile purchased by a consumer for personal use from an automobile dealer, which at the time of purchase had an odometer reading of approximately 5,600 miles, was less than two years old, and was covered by a manufacturer's warranty, is protected by the provisions of the New Car Lemon Law (General Business Law § 198-a). The arbitrator...

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