MATTER OF DAIMLERCHRYSLER COMPANY, LLC v. BILLET


51 A.D.3d 1284 (2008)

858 N.Y.S.2d 836

In the Matter of DAIMLERCHRYSLER COMPANY, LLC, Petitioner, v. BARBARA G. BILLET, as Commissioner of Taxation and Finance, et al., Respondents.

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

Decided May 22, 2008.


Kane, J.

Petitioner manufactures motor vehicles which it sells to franchised dealers, who then sell the vehicles to consumers. Under the New Car Lemon Law (hereinafter the Lemon Law), when a motor vehicle manufacturer is unable to remedy substantial defects in a new vehicle, the manufacturer is required to, at the consumer's option, either replace the defective vehicle with a comparable one or refund the full purchase price to the consumer (see General Business...

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