Opinion
99-CV-4340 (ILG).
January 16, 2001
MEMORANDUM ORDER
The plaintiff commenced this action alleging that the defendant violated 42 U.S.C. § 32701 et seq. ("The Odometer Act"), New York General Business Law § 349(a) ("The Deceptive Practices Act"), fraudulent misrepresentation and other state law claims. Those allegations arise from the purchase of a 1993 deep Grand Cherokee from the defendant for $12,495 exclusive of tax, title and finance charges. The plaintiff relied upon the defendant's representation that the odometer reading of 54,603 miles was accurate. The plaintiff subsequently learned from the New York Department of Motor Vehicles that when last transferred, the vehicle had been driven 90,581 miles. The plaintiff contends that because the odometer was rolled back the exact mileage the car had been driven when he bought it was impossible to ascertain. Two independent dealerships appraised the value of the car at $5,000.
The defendant failed to answer a properly served summons and complaint. A default judgment was entered and the matter was referred to Magistrate Judge Mann to report and recommend the amount of damages to be awarded the plaintiff.
In a comprehensive and thoughtful report which I have carefully considered, and to which no objection was filed by the defendant, Magistrate Judge Mann recommended that the plaintiff be awarded damages in the sum of $22,485 plus costs and attorney's fees in the sum of $7,147.50 for a total of $29,632.50 plus interest to be calculated from the entry of the judgment in accordance with 28 U.S.C. § 1961.
The Report and Recommendation is adopted in full and a judgment in the amount of $29,632.50 is directed to be entered in favor of the plaintiff and against the defendant.
SO ORDERED.