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DAIMLERCHRYSLER v. SPITZER

7 N.Y.3d 653 (2006)

860 N.E.2d 705

827 N.Y.S.2d 88

In the Matter of DAIMLERCHRYSLER CORPORATION et al., Appellants, v. ELIOT SPITZER, as Attorney General of the State of New York, et al., Respondents. In the Matter of the Arbitration between GENERAL MOTORS CORPORATION, Appellant, and JAMES WARNER, Respondent.

Court of Appeals of New York.

Decided December 14, 2006.

Attorney(s) appearing for the Case

Rose Law Firm, PLLC, Albany (Paul A. Feigenbaum, Keith B. Rose and Justin E. Proper of counsel), for appellants in the first above-entitled proceeding.

Eliot Spitzer, Attorney General, New York City (Thomas G. Conway, Caitlin J. Halligan, Michelle Aronowitz, Jane M. Azia, Matthew J. Barbaro, Stephen Mindell and Herbert Israel of counsel), respondent pro se in the first above-entitled proceeding.

Hiscock & Barclay, LLP, Albany (Mark W. Blanchfield of counsel), for New York State Dispute Resolution Association, respondent in the first above-entitled proceeding.

Rose Law Firm, PLLC, Albany (Paul A. Feigenbaum, Keith B. Rose and Justin E. Proper of counsel), for appellant in the second above-entitled proceeding.

Sadis & Goldberg, LLC, New York City (Douglas R. Hirsch, Francis Bigelow, David Kasell and Jarret Kahn of counsel), for respondent in the second above-entitled proceeding.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

GRAFFEO, J.

The purchaser of a new motor vehicle is entitled to a "repair presumption" and therefore can seek relief under the New Car Lemon Law when the consumer can demonstrate that the vehicle has been subject to repair four or more times within a prescribed time period and the same substantial defect continues to exist. The common issue in these two appeals is whether a consumer, who...

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