VOLVO N. AM. CORP. v. DePAOLA


156 A.D.2d 40 (1990)

In the Matter of Volvo North America Corporation, Appellant, v. John J. DePaola, Respondent, and Robert Abrams, as Attorney-General of The State of New York, Intervenor-Respondent

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

March 27, 1990


Attorney(s) appearing for the Case

Herbert Rubin of counsel (Michael Hoenig, David B. Hamm and Noreen M. Giusti with him on the brief; Herzfeld & Rubin, P. C., attorneys), for appellant.

John J. DePaola, respondent pro se.

Herbert Israel of counsel (John W. Corwin, Harvey Berman and Stephen Mindell with him on the brief; Robert Abrams, Attorney-General, attorney), for intervenor-respondent.

CARRO and ROSENBERGER, JJ., concur with SULLIVAN, J.; MURPHY, P. J., and KUPFERMAN, J., dissent in an opinion by KUPFERMAN, J.


SULLIVAN, J.

In May 1985, respondent purchased a 1985 Volvo 745 GLE station wagon. After experiencing various problems with his car which were not resolved to his satisfaction, respondent, pursuant to subdivision (k) of General Business Law § 198-a, the "new car lemon law" (lemon law), requested arbitration, to which the manufacturer must submit. After conducting an oral hearing, the arbitrator found that...

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