MATTER OF SATURN CORPORATION v. HURLBURT


284 A.D.2d 399 (2001)

725 N.Y.S.2d 677

In the Matter of SATURN CORPORATION, Appellant, v. STEVEN A. HURLBURT, Respondent.

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

Decided June 11, 2001.


Ordered that the order is reversed, on the law, with costs, the petition is granted, and the award is vacated.

The respondent sought relief under General Business Law §§ 198-a and 198-a (k) because of noise emanating from a vehicle manufactured by the petitioner. At the resulting arbitration hearing, evidence established that this noise was the result of gas slapping back and forth in the gas tank of the vehicle. There was unrebutted testimony that this...

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