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Governor Spitzer Urged To Add A Safety Lemon Provision To The Lemon Law Statute

Published March 6, 2008

Original publication date:  March 6, 2008

Imagine you knew someone who's car doesn't always slow down when he hit the brakes.  Once in a while the brakes just don't work.  Now imagine you were his lawyer and you were forced to advise him to have his car fixed three more times before taking any action.  That just doesn't seem right, does it?

I have to tell my clients this on a regular basis.  The New York Lemon Law does not distinguish between run of the mill defects and defects that can kill the driver.  In both situations you typically need to meet a presumption of 4 repairs for the same defect (with the defect continuing to persist after the 4th repair attempt), or 30 days out of service for repair, within the first 2 years or 18,000 miles, whichever comes first, in order to have a viable case.

Other states have dealt with this issue by updating their Lemon Law statutes to include a safety lemon provision.  Such a provision would force an automobile manufacturer to repurchase or replace a vehicle if it is repaired one time for a potentially deadly problem, and that problem continued to persist after that repair. 

While other states have taken steps over the years to modernize their versions of the law, our politicians in New York have neglected this important statute.  Thus, I have mailed a letter to Governor Spitzer, along with other NYS political leaders, urging them to add a safety lemon provision to the statute, along with several other improvements.

You can view a PDF scan of the letter here. In order to try and bring some additional attention to this matter, I have also issued a Press Release, which you can view here.

Eugene Krukas, Esq.

2704 Grand Ave

Suite 4

Bellmore, NY 11710

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