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Court of Appeals of New York


DaimlerChrysler Corp. v. Spitzer, 174, 175

A consumer, who claims the benefit of the repair presumption and shows that a new vehicle has been subject to repair four or more times within a prescribed period and the same substantial defect continues to exist, need not establish that the vehicle remains defective at the time of trial or arbitration.

Appellate Information

  • Decided 12/14/2006
  • Published 12/14/2006

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  • Court of Appeals of New York

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