DUNN, res, v. BC BENJAMIN AUTO SALES, INC., app

2014-516 N C. DUNN, res, v. BC BENJAMIN AUTO SALES, INC., app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from a judgment of the District Court of Nassau County, Third District (Douglas J. Lerose, J.), entered June 18, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,723.77.

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2014-516 N C. DUNN, res, v. BC BENJAMIN AUTO SALES, INC., app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from a judgment of the District Court of Nassau County, Third District (Douglas J. Lerose, J.), entered June 18, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,723.77.

ORDERED that the judgment is modified by reducing the award in favor of plaintiff to the principal sum of $1,715.52; as so modified, the judgment is affirmed, without costs. In this small claims action, plaintiff seeks to recover the principal sum of $4,945.86 for repairs that were made to a used car that he had bought from defendant car dealer, based on defendant’s alleged violation of the Used Car Lemon Law (General Business Law §198-b). At a nonjury trial, plaintiff testified that, on October 3, 2011, he had purchased from defendant a 2000 Corvette automobile (the car) with a reading of 65,393 miles on its odometer. Plaintiff stated that, within a day of its purchase, the car had failed to start; that defendant’s representative had advised him by telephone to disconnect and reconnect the car’s battery cables, which solution worked; but that defendant’s representatives also told him they “would not touch” the car. Plaintiff further testified that he had never returned the car to defendant, at least in part because his residence was located 85 to 90 miles from defendants dealership and he felt it was unsafe to drive the car that distance due to the fault in its starting mechanism.

DUNN, res, v. BC BENJAMIN AUTO SALES, INC., app

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