December 2004 Archives

Lemon Law Only Covers Vehicles with less than 100,000 Miles Even If New Transmission Is Installed

December 18, 2004

The buyer of a car with 126,000 miles sought to return the car as defective under New York State's Lemon Law. The buyer argued that although the car had more than 100,000 miles on it such that it would normally be excluded from the Lemon Law, the fact that a new transmission was installed should exclude her car from that limitation. The court noted the buyer's novel argument, but found that in addition to the buyer not having the car serviced three times, as required under the Lemon Law, the replacement of the transmission did not exclude the buyer from the 100,000 limitation. (12/04)

Notice of Condition Which Can Cause Mold May Be Sufficient for Liability to Tenant

December 16, 2004

Landlord/defendant's attempt to dismiss tenant/plaintiff's complaint alleging injuries resulting from mold was denied notwithstanding that the landlord was unaware of actual mold in the premises where plaintiff lived. The court held that conditions which could normally lead to the growth of mold, even if no mold is visible, such as water leaks and other wet conditions, was enough to put the landlord on notice of a potential mold problem and for which, as the landlord, it should have taken steps to remedy so as to keep the premises in reasonably safe condition.