BEYER v. Storm Motors, Inc., Appellant. (2002)

In an action, inter alia, to recover damages for breach of written and implied warranties pursuant to the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, the defendant Storms Motors, Inc., appeals from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), entered July 3, 2000, as denied those branches of its motion which were to dismiss the second and fourth causes of action in the complaint insofar as asserted against it pursuant to CPLR 3211(a)(1) and (7).

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, those branches of the motion which were to dismiss the second and fourth causes of action are granted, and those causes of action insofar as asserted against the appellant are dismissed.

The Magnuson-Moss Warranty Federal Trade Commission Improvement Act (15 USC § 2301 et seq.) (hereinafter the Magnuson-Moss Act) does not apply to vehicle leases (see DiCintio v. DaimlerChrysler Corp., 97 N.Y.2d 463, 742 N.Y.S.2d 182, 768 N.E.2d 1121).   Consequently, the second and fourth causes of action asserted pursuant to the Magnuson-Moss Act must be dismissed (see Beyer v. DaimlerChrysler Corp., 293 A.D.2d 432, 741 N.Y.S.2d 248, decided herewith).