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MOTOR VEHICLE MFRS. v. STATE

75 N.Y.2d 175 (1990)

Motor Vehicle Manufacturers Association of the United States, Inc., et al., Appellants, v. State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided January 18, 1990.

Attorney(s) appearing for the Case

William R. Stein, Philip A. Lacovara, Ross Lipman, David Madoff, William H. Crabtree, Charles H. Lockwood, II, and John T. Whatley for appellants.

Robert Abrams, Attorney-General (Thomas G. Conway, O. Peter Sherwood, Peter H. Schiff and Rachel Kretser of counsel), for respondents.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur with Judge SIMONS; Judge TITONE dissents and votes to reverse in a separate opinion.

SIMONS, J.

Plaintiffs, trade associations representing automobile manufacturers, importers and distributors, commenced this action seeking a declaration that the New Car Lemon Law alternative arbitration mechanism, contained in General Business Law § 198-a (k), violates the State Constitution. Specifically, they allege that the statute deprives motor vehicle manufacturers of their right to trial by jury...

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