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DICINTIO v. DAIMLERCHRYSLER

97 N.Y.2d 463 (2002)

768 N.E.2d 1121

742 N.Y.S.2d 182

MARK DiCINTIO, Respondent, v. DAIMLERCHRYSLER CORPORATION et al., Appellants.

Court of Appeals of the State of New York.

Decided February 13, 2002.

Attorney(s) appearing for the Case

Couch White, LLP, Albany (Paul A. Feigenbaum and Keith B. Rose of counsel), and Herzfeld & Rubin, P.C., New York City (Michael Hoenig and David B. Hamm of counsel), for appellants.

Sadis & Goldberg, LLC, New York City (Douglas R. Hirsch and Dennis R. Hirsch of counsel), for respondent.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

The issue in this appeal is whether the Magnuson-Moss Warranty Act (15 USC §§ 2301-2312) applies to plaintiff Mark DiCintio's automobile lease. We conclude that it does not.

In June 1999, DiCintio leased from Adzam Auto Sales, Inc. a 1999 Jeep Grand Cherokee Laredo sport utility vehicle manufactured by DaimlerChrysler Corporation. The lease recited...

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