The car may be covered under the lemon law if it meets these requiremetns:
- was purchased, leased or transferred after the earlier of 18,000 miles or two years from original delivery; AND
- was purchased or leased from a New York dealer; AND
- had a purchase price or lease value of at least $1,500; AND
- has been driven less than 100,000 miles at the time of purchase/lease; AND
- is used primarily for personal purposes.
If it does not, then one can still sue for breach of the implied warranty of merchantability ( U.C.C. §§ 2-314, 2-318 ). This warranty ensures that a car may be used for its intended purpose (ie transportation) so if the car breaks down continuously (and dangerously) that would be a violation of the implied warranty.
One would need to bring a breach of implied warranty of merchantability action to recover damages, which will either include the cost of repair, or if repair is not practical (and failed past attempts would indicate this) then rescission of the contract -ie the car is returned, and money paid is returned; the court will often allow rental car expenses as those are typically a foreseeable and proximately caused damage resulting from the breach.
Information on small claims here:
That is for cases under $5000
Otherwise general civil court would be the proper venue.
sample complaint letter here:
Also a complaint can be filed here:
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.