Opinion
February 29, 2000
Judgment, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered April 12, 1999, which confirmed a Lemon Law arbitration award ( General Business Law § 198-a Gen. Bus.[k]) in favor of respondent automobile manufacturer and against petitioner consumer, unanimously affirmed, without costs.
Irene Donna Thomas, for Petitioner-Appellant.
Keith B. Rose, for Respondent-Respondent.
The record does not support the consumer's claim that, at the underlying arbitration, the manufacturer argued only that the car never had any defects or if it did that they were corrected, and made no argument that, as found by the arbitrator, "[ t]he problems which still exist do not substantially impair the value of the car to the consumer". The manufacturer's service records and service managers' opinions and the arbitrator's own test drive and inspection of the vehicle were adequate to demonstrate that the defects complained of by plaintiff were either repaired or do not exist and that any remaining defects are insubstantial (see, Vehicle Mfrs. Assn. v. State of New York, 75 N.Y.2d 175, 186; Jandreau v. La Vigne, 170 A.D.2d 861).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.