New York Business Litigation Lawyer Blog

Plaintiff purchased a used car from a dealer. At the time of purchase, the car was already in need of servicing, and in the week that followed, additional problems arose. Plaintiff took the car to a local repair shop, which informed plaintiff that the car had many problems and was unsafe to drive. Plaintiff returned the car to the dealer for repairs. After the dealer returned the car to the plaintiff, the car was inspected by the same local repair shop that diagnosed the problems. Major problems were still found by the repair shop. Over a period of less than four weeks, repairs were made, but ultimately, the car required a new engine. At each stage of the repairs, plaintiff notified the dealer, but the dealer made no effort to make repairs and expressed no desire to assist the plaintiff. Unable to pay for the new engine, plaintiff sold the car for less than half of its purchase price. In plaintiff's lawsuit against the dealer, the court determined that at the time that the car was sold it was not fit for its ordinary use and would fail to provide satisfactory and adequate service. The court found that the car had zero value at the time it was sold, and awarded the plaintiff the cost of the car plus plaintiff's expenses.