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MILLER v. CRABTREE MAZDA

146 Misc.2d 658 (1990)

Sylvia M. Miller, Plaintiff, v. Crabtree Mazda, Inc., Also Known as Crabtree Nissan-Mazda, Inc., et al., Defendants.

Civil Court of the City of New York, New York County.

February 25, 1990

Attorney(s) appearing for the Case

Gareth W. Stewart for plaintiff. Dillon & Dillon (Robert E. Dillon of counsel), for Crabtree Mazda, Inc., defendant. Herzfeld & Rubin, P. C. (Howard L. Wexler of counsel), for Mazda Motors of America (East) Inc., defendant.

PETER TOM, J.

The New Car Lemon Law (General Business Law § 198-a) appears to have a flaw in its application when a consumer brings a legal proceeding against a foreign automobile manufacturer under the facts presented.

Plaintiff purchased a 1988 Mazda automobile from defendant Crabtree, a franchised Mazda car dealer, on or about April 26, 1988. Plaintiff alleges that the automobile failed to start...

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