Nissan Maxima Lemon

Car spent too much time in repair shop, owner alleged

Settlement: $26,446.00
Case Type: Lemon Law, Alternative Dispute Resolution - Arbitration
Case: John Kozlowski v. Nissan North America, Inc., No. 34212/04
Venue: Office of the Attorney General, NY
Judge: Steven Sarisohn
Date: Friday, June 24, 2005
Plaintiff Attorney(s): Anthony T. Ballato; Massapequa, NY, for John Kozlowski
Defendant Attorney(s): Ryan Abraham; in-house counsel, Nissan North America Inc.; Bound Brook, NJ, for Nissan North America Inc.
Facts: In March 2003, claimant Steven Kozlowski purchased a new 2004 Nissan Maxima SL sedan. The $30,430 purchase included a standard manufacturer's warranty. After two months' use, the vehicle began to experience problems that included excessive noise created by its front-end assembly, excessive play and shaking of its steering wheel, and brake-system malfunctions that occurred when the vehicle was operated at a great speed. During the ensuing two years, the vehicle underwent 11 separate adjustments and/or repair attempts. As a result of that work, the vehicle accumulated more than 30 days of repair-shop time.
Kozlowski attempted to return the vehicle, but the Great Neck-based dealership, Biener Nissan Inc., would not accept the vehicle.
Kozlowski initiated a proceeding against the vehicle's manufacturer, Nissan North America Inc. He alleged that the dealership violated the general business law. The matter proceeded to an arbitration hearing, which was conducted at Education and Assistance Corp.'s Community Mediation Center, in Smithtown. Kozlowski's counsel claimed that the vehicle's poor condition permitted recovery via application of General Business Law article 11-A, ยง 198-a, which is commonly known as the Lemon Law. The law specifies that a vehicle's first 24 months and/or 18,000 miles should not include more than four repair attempts and/or 30 days of repair-shop time.
Injury: Kozlowski sought recovery of $26,196, which represented the vehicle's full replacement value. He also sought recovery of the arbitration's costs, which included the $250 filing fee.
Verdict: Arbitrator Steven Sarisohn rendered a claimant's decision. Kozlowski was awarded $26,446, which included the vehicle's full replacement cost and the arbitration's $250 filing fee.
John Kozlowski
$26.196 Commercial: vehicle's replacement cost
$250 Commercial: filing fee