United States Second Circuit

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Pyskaty v. Wide World of Cars, LLC, 16‐815

In an action arising out of plaintiff's purchased of a purportedly defective 'certified pre‐owned' BMW from auto dealer-defendant, alleging violations of the Magnuson‐Moss Warranty--Federal Trade Commission Act (MMWA), 15 U.S.C. section 2301 et seq., and New York State law, the district court's dismissal of the amended complaint -- on grounds that the value of plaintiff's MMWA claims did not amount to $50,000 and that she could neither amend her complaint to add a claim for punitive damages under the MMWA, nor rely on the value of her state‐law claims, to meet the jurisdictional threshold -- is reversed where the value of plaintiff's MMWA claims, as pled, exceeds $50,000.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/10

Judges

  • SACK

Court

  • United States Second Circuit

Counsel


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