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RYAN v. AMERICAN HONDA MOTOR CORP.

869 A.2d 945 (2005)

376 N.J. Super. 185

Christopher RYAN, Plaintiff-Appellant, v. AMERICAN HONDA MOTOR CORPORATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 2005.

Attorney(s) appearing for the Case

Carl Poplar, Cherry Hill, argued the cause for appellant (Kimmel & Silverman, attorneys; Robert M. Silverman, on the brief).

Charles W. Craven (Marshall, Dennehey, Warner, Coleman & Goggin) of the Pennsylvania bar, admitted pro hac vice, Philadelphia, PA, argued the cause for respondent (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Brian C. Darreff, Cherry Hill, on the brief).

Lindabury, McCormick & Estabrook, Westfield, for amicus curiae Association of International Automobile Manufacturers, Inc. (James D. DeRose, of counsel; Mr. DeRose and Anne S. Burris, on the brief).

Before Judges STERN, COBURN and WECKER.

The opinion of the court was delivered by WECKER, J.A.D.

The primary issue raised by this appeal is whether the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, 15 U.S.C.A. § 2301-2312 (the Magnuson-Moss Act), allows a cause of action for breach of warranty to a lessee of a new car, or only to a purchaser. We hold that a lessee is a "consumer," entitled to the protection of the Magnuson-Moss Act. We therefore reverse the summary judgment...

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