NEWS: December 16, 2006 - Court Of Appeals Upholds Changes In State's Lemon Law
ALBANY-The state's Court of Appeals has upheld important consumer protections in the New Car Lemon Law.

In a decision issued Thursday, New York State's highest court rejected a challenge by automobile manufacturers DaimlerChrysler, General Motors and Saturn to a change in Lemon Law policy implemented by the Attorney General's office in 2003. The new policy allows arbitrators to rule in favor of the consumer if the consumer proves that a defect in a vehicle was not repaired after four attempts. Prior to this change, consumers were required to prove that the condition continued to exist at the time of the arbitration hearing.

The AG's decision to modify the Lemon Law program was based upon court rulings in New York and in other states with comparable Lemon Laws.

WHICH VEHICLES ARE COVERED BY THE NEW YORK CAR LEMON LAW?

The lemon law covers both new and used cars, including demonstrators, motorcycles and motor homes which satisfy all of the following four conditions:

• The vehicle was covered by the manufacturer's warranty at the time of original delivery
• The vehicle was purchased, leased or transferred within the earlier ofthe first 18,000 miles or two years from the date of original delivery
• The vehicle either: (a) was purchased, leased or transferred in New York State, or (b) is presently registered in New York State
• The vehicle is primarily for personal use.

Some examples of cars that may be covered by the new car lemon law are:

• a new or demonstrator car, purchased or leased from a New Jersey dealer and registered in New York
• a new or demonstrator car, purchased or leased from a New York dealer and registered in New Jersey
• a new or demonstrator car received as a gift from a friend and registered in New York State
• a used car with less than 18,000 miles and less than 2-years old.