SR&A Obtains Partial Summary Judgment in New York Lemon Law Case
Vincent R. Marinelli and Karen T. Marinelli v. Campers Barn of Kingston, Inc., Fleetwood Motor Homes of Pennsylvania, Inc., Fleetwood Motor Homes of Indiana, Inc. and R. Wayne Johnson Index No.: 06-617
Jill Taylor has obtained partial summary judgment in favor of a recreational vehicle manufacturer and dealer, dismissing all of plaintiffs’ claims under the New York State Lemon Law, as well as causes of action for defective design, breach of implied warranty for a particular purpose, in Ulster County, NY. Plaintiffs claimed that the RV developed a mold condition. Plaintiffs refused to have the vehicle evaluated and repaired at a manufacturer’s service center and demanded a new vehicle.
We successfully argued that the portions of the vehicle that plaintiffs claimed were defective were considered “living quarters” under New York General Business law 198-a, and that plaintiffs failed to meet the minimum number of repairs requirement set forth in the Lemon Law statute. The court found that plaintiffs had failed to present any evidence that the vehicle had been defectively designed and no triable issue of fact was presented that the vehicle was to be used for anything other than its ordinary purpose.
Plaintiffs also sued a corporate principal in his individual capacity, and we successfully argued that the plaintiffs failed prove the necessary elements to justify piercing the corporate veil to find a corporate principal personally liable.