Preview
FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREMECOURTOFTHESTATEOF NEWYORK
COUNTYOF NEWYORK
Richard G Leifer,
Plaintiff, Index No.:
Date of Filing:
SUMMONS
Jaguar Land Rover North America, LLC,
Defendant.
To the above-nained Defendant(s)
You are hereby summonedto answer the complaint in this action, and to serve a
copy of your answer, or if the complaint is not served with this summons, to serve a notice
of appearance on the plaintiff's attorney(s) within twenty (20) days after the service of this
summons, exclusive of the day of service, where service is made by delivery upon you
personally withid the state, or within thirty (30) days after completion of service, where
service is made in any other manner. In case of your failure to appear or answer, judgment
will be taken against you by default for the relief demanded in the complaint.
Plaintiff designates NEWYORKCOUN as t place of trial.
The Basis of Venue is NewYork Coun ursua to CPLR§509.
Jason . shes, Esquire
Kimm Silverman, P.C.
Two P rk Avenue
20th floor
NewYork, NY 10016
1-800-536-6652
Dated:
TO: Jaguar Land Rover North America, LLC
c/o Corporation Service Company
80 State Street
Albany, NY 12207
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..
SUPREMECOURTOF THESTATEOF NEWYORK
COUNTYOF NEWYORK
Richard GLeifer,
Plaintiff, Index No.:
Date of Filing:
COMPLAINT
Jaguar Land Rover North America, LLC,
Defendant.
Plaintiff, by counsel Kimmel & Silverman, PC, complaining of the defendant herein,
respectfully alleges as follows:
1. At all times hereinafter mentioned, Plaintiff, Richard G Leifer, was and still is a
resident of the State of NewYork residing at, 11 Beaumont Drive, Melville, NY 11747.
2. Upbn information and belief, at all times herein mentioned, defendant, Jaguar
Land Rover North America, LLC, was and still is a corporation qualified to do and regularly
conduct business in the State of NewYork, with a registered principal place of business located
at Consumer Affairs, Mahwah, NJ 07430, and can be served at 555 McArthur Blvd., , Mahwah,
NJ, 07430.
3. On or about 7/07/2023, Plaintiff purchased a new 2023 Land Rover Defender,
manufactured andtwarranted by Defendant, bearing the Vehicle Identification Number
SALEJ7EX8P218'8629.
4. At lall times hereinafter mentioned the vehicle was purchased in the State of New
York and is registéred in the State of NewYork.
5. The contract price of the vehicle, including registration charges, document fees,
sales tax, finance and bank charges, but excluding other collateral charges not specified, yet
defined by the Lemon Law, totaled more than $83,388.20. A true and correct copy of the
contract is attached hereto, made a part hereof, and marked Exhibit "A".
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6. In consideration for the purchase of said vehicle, Defendant issued to Plaintiff
several warranties, guarantees, affirmations or undertakings with respect to the material or
workmanship of the vehicle and/or remedial action in the event the vehicle fails to meet the
promised specifications. In the alternative, Plaintiff is a third-party beneficiary of any and all
warranties made or issued with respect to the subject vehicle both at the time of original delivery
and at the time Plaintiff took delivery of the subject vehicle.
7. That the above-referenced warranties, guarantees, affirmations or undertakings
are/were part of the basis of the bargain between Defendant and Plaintiff.
parties'
8. Thb bargain includes an express 4 year/50,000 mile warranty, as well as
other guarantees, ffirmations and undertakings as stated in Defendant's warranty materials and
owner's manual.
9. As a result of the ineffective repair attempts made by Defendant through its
authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its
intended purposes, and is worthless to Plaintiff.
10. Pldintiffs efforts to secure the warranty repair of the vehicle through the
Defendant manufacturer's authorized dealer or dealers includes, but is not limited to:
Date in Date out OOS Mileage Issue(s) Exhibit
In
09/18/2023 - - 4,943 Infotainment screen goes black several times on B
and off/ screen will remain black for whole drive
cycle
While in park vehicle completely powered down
Screen with speedometer went black
Vehicle sensors seem to be overly sensitive, go off
when nothing nearby
At times whenturning off the vehicle outside of car
the fan noise will
be extremely loud from the
engine
While backing out of driveway and turning steering
wheel it feel different/tighter
10/18/2023 01/1 >/2024 86 5,920 Infotainment screen goes black several times on C
days and off/ screen will remain black for whole drive
cycle
Sensors around vehicle will alert and go off when
nothing is around them
One of the rear doors seemsto have a rough idle
Brakes squeaking
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01/30/2024 02/06/2024 7 6,729 Infotainment screen not blacking out but phone will D
days disconnect when using navigation on its own -
happened twice
03/25/2024 03/30/2024 5 9,136 Infotainment screen blacking out intermittently E
days
11. Plaintiff believes and therefore avers that the vehicle's defects continue and will
require additional warranty repairs.
AS ANDFORA FIRST CAUSEOF ACTION
12. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint
a"
by reference as if fully set forth at length herein.
13. Pldintiff, is a "Consumer" as defined by the NewYork General Business Law
§198-a(a)(1) et. seg. (hereinafter "The LemonLaw") and the involved vehicle is a "motor
vehicle"
as defined by The Lemon Law.
14. Defendant is a "Manufacturer" as referenced by The Lemon Law.
15. That Land Rover Glen Cove, is and/or was at the time of sale a Motor Vehicle
Dealer in the busiáess of buying, selling, and/or exchanging vehicles and was at all times
pertinent hereto an authorized dealer of the defendant.
16. On:or about 7/07/2023, Plaintiff took possession of the above-mentioned vehicle
and at times thereáfter experienced non-conformities as defined by The Lemon Law, which
substantially impair the use, value and/or safety of the vehicle.
17. The non-conformities violate the express written warranties issued to Plaintiff by
Defendant.
18. Seetion 198-a(c)(1) of the LemonLaw provides:
If, within the period specified in subdivision (b) of this section, the
manufacturer or itsagents or authorized dealers are unable to
repair or correct any defect or condition which substantially
impairs the value of the motor vehicle to the consumer after a
reasonable number of attempts, the manufacturer, at the option of
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the consumer, shall replace the motor vehicle with a comparable
motor vehicle, or accept return of the vehicle from the consumer
and refund to the consumer the full purchase price . . . .
19. Section 198-a(d)(1) of the LemonLaw provides a presumption that a reasonable
number of repair attempts have been undertaken if:
The same nonconformity, defect or condition has been subject to repair four or
more times by the manufacturer or its agents or authorized dealers within the first
eighteen thousand miles of operation or during the period of two years
following
the date of original delivery of the motor vehicle to a consumer, whichever is the
earlier date, but such nonconformity, defect or condition continues to exist;
20. Plaintiff has satisfied or will have satisfied by time of trial the above presumption
as the vehicle has been or will have been subject to repair more than four (4) times for the
same non-conformity, and the non-conformity remains uncorrected.
21. Se6tion 198-a(d)(2) of the LemonLaw provides a presumption that a reasonable
number of repà ir attempts have been undertaken if:
The vehicle is out of service by reason of repair of one or more
nonconformities, defects or conditions for a cumulative total of
thirty or more calendar days during either period, whichever is the
earlier date.
22. Alternatively, the Plaintiff has satisfied or will have satisfied by time of trial the
above presum tion as the vehicle has or will be in the future out of service by reason of the
non-conformities complained of for a cumulative total of thirty (30) days or more.
23. Plaintiff has delivered the non-conforming vehicle to an authorized service and
repair facility of the manufacturer on numerous occasions. After a reasonable number of
attempts, the manufacturer was unable to repair the non-conformities.
24. The vehicle continues to exhibit defects and nonconformities, which substantially
impair its use, value, and/or safety as provided by the NewYork Lemon Law.
25. The non-conformities listed above substantially impair the value of the subject
motor vehicle and continue to exist even after a reasonable number of repair attempts by the
Defendant.
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26. In addition, Plaintiff avers the vehicle has been subject to additional repair
attempts for defects and/or nonconformities and/or conditions for which the dealer did not
maintain records.
27. Plaintiff has been and will continue to be fmancially damageddue to Defendant's
intentional, reckless, wanton, and negligent failure to comply with the provisions of The New
York Lemon Law.
28. Pursuant to The NewYork Lemon Law, Plaintiff seeks relief for losses due to the
non-conformi ies and defects in the above-mentioned vehicle in addition to reasonable
attorney fees and all court costs.
WHEREFORE,
Plaintiff respectfully demands judgment against Defendant in an
amount equal to the contract price of the subject vehicle, plus all collateral charges and attorney
fees.
AS ANDFORA SECOND
CAUSEOFACTION
29. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint
by reference as if fully set forth at length herein.
30. Plaintiff has or may have resorted to Defendant's informal dispute settlement
procedure, to the extent said procedure complies with 16 CFR703.
31. Plaintiff avers that the Federal Trade Commission (FTC) has determined that no
automobile manufacturer complies with 16 CFR703. See, Fed. Reg. 15636, Vol. 62, No. 63
(Apr. 2, 1997).
32. a
"Consumer"
Plaintiff is as defined by 15 U.S.C. §2301(3).
Defendant a contractor"
33. is "supplier", "warrantor", and a "service as defined by 15
U.S.C. § 23013(4),(5) and (8).
34. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1).
35. By the terms of its written warranties, affirmations, promises, or service contracts,
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Defendant agreed to perform effective repairs at no charge for parts and/or labor.
36. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound
by all warranties implied by state law. Said warranties are imposed on all transactions in the
state in which the vehicle was delivered.
37. Defendant has made attempts on several occasions to comply with the terms of its
express warranties; however, such repair attempts have been ineffective.
38. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2)
provides:
If a consuiner finally prevails on an action brought under paragraph (1) of this subsection, he may be
allowed by the court to recover as part of the judgment a sumequal to the amount of aggregate amount of
costs and expenses (including attorney fees based upon actual time expended), determined by the court to
have been reasonably incurred by the Plaintiff for, or in connection with the commencement and
prosecution of such action, unless the court, in its discretion shall determine that such an award of
attorney's fees would be inappropriate.
39. Pl intiff has afforded Defendant a reasonable number of opportunities to conform
the vehicle to the aforementioned express warranties, implied warranties and contracts.
40. As a direct and proximate result of Defendant's failure to comply with the express
written and irbplied warranties, Plaintiff has suffered damages and, in accordance with UCC
2-713, 2-714 and/or 2-715 and 15 U.S.C. §2310(d)(1), Plaintiff is entitled to bring suit for
such damages and other legal and equitable relief.
41. Pl intiff avers that Defendant's warranty was not provided to Plaintiff until after
the vehicle vias delivered, making any and all limitations, disclaimers and/or alternative
dispute provisions ineffective for a failure of consideration.
42. Pleintiff avers Defendant's Dispute Resolution Program was not in compliance
with 16 CFR703 for the model year of the subject vehicle.
43. Plaintiff avers that Defendant's warranty did not require Plaintiff to first resort to
a Dispute Resblution Program before filing suit.
44. Plûintiff avers that upon successfully prevailing upon the Magnuson-Moss claim
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herein, all attorney fees are recoverable and are demandedagainst Defendant.
WHEREFORE,Plaintiff respectfully demands judgment against Defendant in an
amount equal6to the price of the subject vehicle, plus all collateral charges, incidental and
consequential attorneys'
damages, reasonable fees, and all court costs.
AS ANDFORA THIRD CAUSEOFACTION
45. Pldintiff hereby incorporates all facts and allegations set forth in this Complaint
by reference as if fully set forth at length herein.
46. The sale of the subject vehicle to the Plaintiff under the misrepresentation that the
vehicle was free from defects that would substantially impair the use, value, or safety of the
vehicle represents an unlawful or deceptive trade practice under N.Y. Gen. Law § 349.
47. Defendant violated N.Y. Gen. Law § 349 in one or more of the following ways:
48. Mdking of fraudulent and/or negligent representations, as herein before alleged;
49. Representing the subject vehicle to be of good, merchantable quality, free from
defects, when in fact it was not;
50. Reibresenting that the repairs could be performed properly, within a reasonable
time, when Defendant knew, or should have known that this was not the case;
51. Failing to reveal material facts including but not limited to the nature of the
nonconformiti'es and defects complained of herein; and
52. Failing to offer a refund of the purchase price of the subject vehicle in accordance
with the applicable warranties.
53. Defendant is in the business of selling motor vehicle and therefore the violations
are likely to affect the general public now and in the future.
54. Defendant violated the law willfully and knowingly.
WHEREFORE,
the Plaintiff respectfully demands judgment against the defendant in a
sum which exceeds the jurisdictional limits of all lower courts which would otherwise have
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jurisdiction; money damages in whatever amount the Plaintiff is found to be entitled, plus
any interest, costs, incidental and consequential damages; Equitable relief including, but not
limited to, repurchase or replacement of the subject vehicle, and in the event that this Court
finds Plaintiff is not entitled to repurchase or replace t; any other relief this Court deems
attorneys'
just; and fees.
RESPE F SUBMITTED,
Jason L. esh , Esquire
Kimmel Silverman, P.C.
Two Park Avenue
20th floor
NewYork, NY 10016
1-800-536-6652
Dated:
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STATEOF NEWYORK )
)SS.:
OF NEW
COUNTY YORK
)
I, Jason L. Greshes, an attorney admitted to practice in the Courts of the State of New
York, say that:
I am a member of the firm of KIMMEL& SILVERMAN, PC, the attorneys for
plaintiff(s) in the within action;
I have read the annexed COMPLAINTand the same is true to my knowledge, except
those matters therein which are stated to be alleged on information and belief, and as to those
matters, I believe them to be true.
The reason I make this verification instead of plaintiff is that plaintiff resides outside of
the county in which my office is located.
The source of my information and the grounds for my belief are based upon
correspondence and reports of investigation in the files of my firm. I affirm the foregoing
statements are true under penalties of perjury.
Dated: NewYork, NewYork
JASONL. S , ESQUIRE
Attorney or aintiff
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SUPREMECOURTOFTHESTATEOF NEWYORK
COUNTYOF NEWYORK
Richard G Leifer,
Plaintiff,
against
Jaguar Land Rover North America, LLC,
Defendan .
CERTIFICATION
Jason L. Greshes, Esquire
Kimmel &
Silverman, P.C.
Two Park Avenue
20thfloor
NewYork, NY 10016
1-800-536-6652
Pursuant to 22 NYCRR
130-1.1, the undersigned, an attorney admitted to practice in the courts of New
York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the
annexed documents are not frivolous.
DATED:
JA N L. GRES S, E IRE
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Preview
FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREMECOURTOFTHESTATEOF NEWYORK COUNTYOF NEWYORK Richard G Leifer, Plaintiff, Index No.: Date of Filing: SUMMONS Jaguar Land Rover North America, LLC, Defendant. To the above-nained Defendant(s) You are hereby summonedto answer the complaint in this action, and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally withid the state, or within thirty (30) days after completion of service, where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff designates NEWYORKCOUN as t place of trial. The Basis of Venue is NewYork Coun ursua to CPLR§509. Jason . shes, Esquire Kimm Silverman, P.C. Two P rk Avenue 20th floor NewYork, NY 10016 1-800-536-6652 Dated: TO: Jaguar Land Rover North America, LLC c/o Corporation Service Company 80 State Street Albany, NY 12207 1 of 11 FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 .. SUPREMECOURTOF THESTATEOF NEWYORK COUNTYOF NEWYORK Richard GLeifer, Plaintiff, Index No.: Date of Filing: COMPLAINT Jaguar Land Rover North America, LLC, Defendant. Plaintiff, by counsel Kimmel & Silverman, PC, complaining of the defendant herein, respectfully alleges as follows: 1. At all times hereinafter mentioned, Plaintiff, Richard G Leifer, was and still is a resident of the State of NewYork residing at, 11 Beaumont Drive, Melville, NY 11747. 2. Upbn information and belief, at all times herein mentioned, defendant, Jaguar Land Rover North America, LLC, was and still is a corporation qualified to do and regularly conduct business in the State of NewYork, with a registered principal place of business located at Consumer Affairs, Mahwah, NJ 07430, and can be served at 555 McArthur Blvd., , Mahwah, NJ, 07430. 3. On or about 7/07/2023, Plaintiff purchased a new 2023 Land Rover Defender, manufactured andtwarranted by Defendant, bearing the Vehicle Identification Number SALEJ7EX8P218'8629. 4. At lall times hereinafter mentioned the vehicle was purchased in the State of New York and is registéred in the State of NewYork. 5. The contract price of the vehicle, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified, yet defined by the Lemon Law, totaled more than $83,388.20. A true and correct copy of the contract is attached hereto, made a part hereof, and marked Exhibit "A". 2 of 11 FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 6. In consideration for the purchase of said vehicle, Defendant issued to Plaintiff several warranties, guarantees, affirmations or undertakings with respect to the material or workmanship of the vehicle and/or remedial action in the event the vehicle fails to meet the promised specifications. In the alternative, Plaintiff is a third-party beneficiary of any and all warranties made or issued with respect to the subject vehicle both at the time of original delivery and at the time Plaintiff took delivery of the subject vehicle. 7. That the above-referenced warranties, guarantees, affirmations or undertakings are/were part of the basis of the bargain between Defendant and Plaintiff. parties' 8. Thb bargain includes an express 4 year/50,000 mile warranty, as well as other guarantees, ffirmations and undertakings as stated in Defendant's warranty materials and owner's manual. 9. As a result of the ineffective repair attempts made by Defendant through its authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and is worthless to Plaintiff. 10. Pldintiffs efforts to secure the warranty repair of the vehicle through the Defendant manufacturer's authorized dealer or dealers includes, but is not limited to: Date in Date out OOS Mileage Issue(s) Exhibit In 09/18/2023 - - 4,943 Infotainment screen goes black several times on B and off/ screen will remain black for whole drive cycle While in park vehicle completely powered down Screen with speedometer went black Vehicle sensors seem to be overly sensitive, go off when nothing nearby At times whenturning off the vehicle outside of car the fan noise will be extremely loud from the engine While backing out of driveway and turning steering wheel it feel different/tighter 10/18/2023 01/1 >/2024 86 5,920 Infotainment screen goes black several times on C days and off/ screen will remain black for whole drive cycle Sensors around vehicle will alert and go off when nothing is around them One of the rear doors seemsto have a rough idle Brakes squeaking 3 of 11 FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 01/30/2024 02/06/2024 7 6,729 Infotainment screen not blacking out but phone will D days disconnect when using navigation on its own - happened twice 03/25/2024 03/30/2024 5 9,136 Infotainment screen blacking out intermittently E days 11. Plaintiff believes and therefore avers that the vehicle's defects continue and will require additional warranty repairs. AS ANDFORA FIRST CAUSEOF ACTION 12. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint a" by reference as if fully set forth at length herein. 13. Pldintiff, is a "Consumer" as defined by the NewYork General Business Law §198-a(a)(1) et. seg. (hereinafter "The LemonLaw") and the involved vehicle is a "motor vehicle" as defined by The Lemon Law. 14. Defendant is a "Manufacturer" as referenced by The Lemon Law. 15. That Land Rover Glen Cove, is and/or was at the time of sale a Motor Vehicle Dealer in the busiáess of buying, selling, and/or exchanging vehicles and was at all times pertinent hereto an authorized dealer of the defendant. 16. On:or about 7/07/2023, Plaintiff took possession of the above-mentioned vehicle and at times thereáfter experienced non-conformities as defined by The Lemon Law, which substantially impair the use, value and/or safety of the vehicle. 17. The non-conformities violate the express written warranties issued to Plaintiff by Defendant. 18. Seetion 198-a(c)(1) of the LemonLaw provides: If, within the period specified in subdivision (b) of this section, the manufacturer or itsagents or authorized dealers are unable to repair or correct any defect or condition which substantially impairs the value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer, at the option of 4 of 11 FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 the consumer, shall replace the motor vehicle with a comparable motor vehicle, or accept return of the vehicle from the consumer and refund to the consumer the full purchase price . . . . 19. Section 198-a(d)(1) of the LemonLaw provides a presumption that a reasonable number of repair attempts have been undertaken if: The same nonconformity, defect or condition has been subject to repair four or more times by the manufacturer or its agents or authorized dealers within the first eighteen thousand miles of operation or during the period of two years following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but such nonconformity, defect or condition continues to exist; 20. Plaintiff has satisfied or will have satisfied by time of trial the above presumption as the vehicle has been or will have been subject to repair more than four (4) times for the same non-conformity, and the non-conformity remains uncorrected. 21. Se6tion 198-a(d)(2) of the LemonLaw provides a presumption that a reasonable number of repà ir attempts have been undertaken if: The vehicle is out of service by reason of repair of one or more nonconformities, defects or conditions for a cumulative total of thirty or more calendar days during either period, whichever is the earlier date. 22. Alternatively, the Plaintiff has satisfied or will have satisfied by time of trial the above presum tion as the vehicle has or will be in the future out of service by reason of the non-conformities complained of for a cumulative total of thirty (30) days or more. 23. Plaintiff has delivered the non-conforming vehicle to an authorized service and repair facility of the manufacturer on numerous occasions. After a reasonable number of attempts, the manufacturer was unable to repair the non-conformities. 24. The vehicle continues to exhibit defects and nonconformities, which substantially impair its use, value, and/or safety as provided by the NewYork Lemon Law. 25. The non-conformities listed above substantially impair the value of the subject motor vehicle and continue to exist even after a reasonable number of repair attempts by the Defendant. 5 of 11 FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 26. In addition, Plaintiff avers the vehicle has been subject to additional repair attempts for defects and/or nonconformities and/or conditions for which the dealer did not maintain records. 27. Plaintiff has been and will continue to be fmancially damageddue to Defendant's intentional, reckless, wanton, and negligent failure to comply with the provisions of The New York Lemon Law. 28. Pursuant to The NewYork Lemon Law, Plaintiff seeks relief for losses due to the non-conformi ies and defects in the above-mentioned vehicle in addition to reasonable attorney fees and all court costs. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the contract price of the subject vehicle, plus all collateral charges and attorney fees. AS ANDFORA SECOND CAUSEOFACTION 29. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 30. Plaintiff has or may have resorted to Defendant's informal dispute settlement procedure, to the extent said procedure complies with 16 CFR703. 31. Plaintiff avers that the Federal Trade Commission (FTC) has determined that no automobile manufacturer complies with 16 CFR703. See, Fed. Reg. 15636, Vol. 62, No. 63 (Apr. 2, 1997). 32. a "Consumer" Plaintiff is as defined by 15 U.S.C. §2301(3). Defendant a contractor" 33. is "supplier", "warrantor", and a "service as defined by 15 U.S.C. § 23013(4),(5) and (8). 34. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 35. By the terms of its written warranties, affirmations, promises, or service contracts, 6 of 11 FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 Defendant agreed to perform effective repairs at no charge for parts and/or labor. 36. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound by all warranties implied by state law. Said warranties are imposed on all transactions in the state in which the vehicle was delivered. 37. Defendant has made attempts on several occasions to comply with the terms of its express warranties; however, such repair attempts have been ineffective. 38. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) provides: If a consuiner finally prevails on an action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sumequal to the amount of aggregate amount of costs and expenses (including attorney fees based upon actual time expended), determined by the court to have been reasonably incurred by the Plaintiff for, or in connection with the commencement and prosecution of such action, unless the court, in its discretion shall determine that such an award of attorney's fees would be inappropriate. 39. Pl intiff has afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 40. As a direct and proximate result of Defendant's failure to comply with the express written and irbplied warranties, Plaintiff has suffered damages and, in accordance with UCC 2-713, 2-714 and/or 2-715 and 15 U.S.C. §2310(d)(1), Plaintiff is entitled to bring suit for such damages and other legal and equitable relief. 41. Pl intiff avers that Defendant's warranty was not provided to Plaintiff until after the vehicle vias delivered, making any and all limitations, disclaimers and/or alternative dispute provisions ineffective for a failure of consideration. 42. Pleintiff avers Defendant's Dispute Resolution Program was not in compliance with 16 CFR703 for the model year of the subject vehicle. 43. Plaintiff avers that Defendant's warranty did not require Plaintiff to first resort to a Dispute Resblution Program before filing suit. 44. Plûintiff avers that upon successfully prevailing upon the Magnuson-Moss claim 7 of 11 FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 herein, all attorney fees are recoverable and are demandedagainst Defendant. WHEREFORE,Plaintiff respectfully demands judgment against Defendant in an amount equal6to the price of the subject vehicle, plus all collateral charges, incidental and consequential attorneys' damages, reasonable fees, and all court costs. AS ANDFORA THIRD CAUSEOFACTION 45. Pldintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 46. The sale of the subject vehicle to the Plaintiff under the misrepresentation that the vehicle was free from defects that would substantially impair the use, value, or safety of the vehicle represents an unlawful or deceptive trade practice under N.Y. Gen. Law § 349. 47. Defendant violated N.Y. Gen. Law § 349 in one or more of the following ways: 48. Mdking of fraudulent and/or negligent representations, as herein before alleged; 49. Representing the subject vehicle to be of good, merchantable quality, free from defects, when in fact it was not; 50. Reibresenting that the repairs could be performed properly, within a reasonable time, when Defendant knew, or should have known that this was not the case; 51. Failing to reveal material facts including but not limited to the nature of the nonconformiti'es and defects complained of herein; and 52. Failing to offer a refund of the purchase price of the subject vehicle in accordance with the applicable warranties. 53. Defendant is in the business of selling motor vehicle and therefore the violations are likely to affect the general public now and in the future. 54. Defendant violated the law willfully and knowingly. WHEREFORE, the Plaintiff respectfully demands judgment against the defendant in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have 8 of 11 FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 jurisdiction; money damages in whatever amount the Plaintiff is found to be entitled, plus any interest, costs, incidental and consequential damages; Equitable relief including, but not limited to, repurchase or replacement of the subject vehicle, and in the event that this Court finds Plaintiff is not entitled to repurchase or replace t; any other relief this Court deems attorneys' just; and fees. RESPE F SUBMITTED, Jason L. esh , Esquire Kimmel Silverman, P.C. Two Park Avenue 20th floor NewYork, NY 10016 1-800-536-6652 Dated: 9 of 11 FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 STATEOF NEWYORK ) )SS.: OF NEW COUNTY YORK ) I, Jason L. Greshes, an attorney admitted to practice in the Courts of the State of New York, say that: I am a member of the firm of KIMMEL& SILVERMAN, PC, the attorneys for plaintiff(s) in the within action; I have read the annexed COMPLAINTand the same is true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters, I believe them to be true. The reason I make this verification instead of plaintiff is that plaintiff resides outside of the county in which my office is located. The source of my information and the grounds for my belief are based upon correspondence and reports of investigation in the files of my firm. I affirm the foregoing statements are true under penalties of perjury. Dated: NewYork, NewYork JASONL. S , ESQUIRE Attorney or aintiff 10 of 11 FILED: NEW YORK COUNTY CLERK 06/13/2024 04:19 PM INDEX NO. 652997/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREMECOURTOFTHESTATEOF NEWYORK COUNTYOF NEWYORK Richard G Leifer, Plaintiff, against Jaguar Land Rover North America, LLC, Defendan . CERTIFICATION Jason L. Greshes, Esquire Kimmel & Silverman, P.C. Two Park Avenue 20thfloor NewYork, NY 10016 1-800-536-6652 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed documents are not frivolous. DATED: JA N L. GRES S, E IRE 11 of 11