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DABUSH v. MERCEDES BENZ USA, LLC

874 A.2d 1110 (2005)

378 N.J. Super. 105

Amiel DABUSH, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. MERCEDES-BENZ USA, LLC, f/k/a Mercedes-Benz Usa, Inc., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 2005.

Attorney(s) appearing for the Case

Bruce D. Greenberg, Newark, argued the cause for appellant (Lite DePalma Greenberg & Rivas, attorneys; Mr Greenberg, Joseph J. DePalma, and John M. Podesta, on the brief).

James F. Bennett of the Missouri bar, admitted pro hac vice, argued the cause for respondent (Graham, Curtin & Sheridan and Bryan Cave, attorneys; Kathleen N. Fennelly, Peter W. Herzog, III, admitted pro hac vice, Mr. Bennett, and Thomas J. Palazzolo, admitted pro hac vice, on the brief).

Before Judges NEWMAN, AXELRAD, and HOLSTON, JR.

The opinion of the court was delivered by

AXELRAD, J.T.C. (temporarily assigned).

Plaintiff Amiel Dabush, a vehicle lessee, appeals from summary judgment dismissing his class action against defendant Mercedes-Benz USA, Inc. (MBUSA), seeking damages under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. Plaintiff claimed that MBUSA misrepresented, in a marketing brochure, the scope of coverage of the satellite-based navigation system in

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