New York Lemon Law (NY)

Qualifying Criteria in New York

Under New York's lemon law, your vehicle may qualify as a lemon if it meets the following criteria:

• Vehicle type: New and certain used motor vehicles purchased or leased in New York
• Defect type: A nonconformity that substantially impairs the use, market value, or safety of the vehicle and is covered under the manufacturer's warranty
• Coverage period: The defect must occur within 2 years of delivery or 18,000 miles, whichever comes first
• Repair attempts: The manufacturer or authorized dealer must have attempted to repair the same defect at least 4 times, or the vehicle must have been out of service for a cumulative total of 30 or more days

Manufacturer Obligations

Must repair the nonconformity. If unable, must refund the full purchase price or replace the vehicle. The Attorney General administers the arbitration program.

Available Remedies

If your vehicle qualifies as a lemon under New York law, you are entitled to:

• Replacement vehicle
• Full refund minus reasonable use allowance
• Attorney fees if consumer prevails in court

The "reasonable use allowance" deduction is typically calculated based on the mileage you accumulated before the first repair attempt, proportional to the vehicle's expected lifetime mileage. This ensures the manufacturer is not paying for use you already received from the vehicle.

Step-by-Step Filing Process in New York

Follow these steps if you believe your vehicle qualifies as a lemon under New York law:

1. 1 Report the defect to the dealer or manufacturer and allow repair attempts
2. 2 After 4 repair attempts for the same defect or 30+ calendar days out of service, or 1 attempt for a condition likely to cause death or serious bodily injury, send certified written notice to manufacturer
3. 3 Allow manufacturer one final repair attempt (must be completed within 20 days)
4. 4 File with the NYS AG Lemon Law Arbitration Program or the manufacturer's BBB program
5. 5 If you reject the arbitration award, file suit in court

Arbitration in New York

Consumer must use the New York State Attorney General's New Car Lemon Law Arbitration Program (free) or the manufacturer's BBB program. State-run program is binding on the manufacturer but not the consumer.

Important: In New York, arbitration is a required step before you can file a lawsuit. This means you must exhaust the arbitration process first. The arbitration decision may or may not be binding depending on the specific program. If you are not satisfied with the outcome, you typically have the right to appeal or file a civil action in court.

Filing Deadline

Within 2 years of delivery or 18,000 miles, whichever comes first.

Missing the filing deadline can forfeit your rights under the lemon law. Keep detailed records of every repair visit, including dates, mileage, descriptions of the problem, and copies of all repair orders and receipts. This documentation will be critical for your claim.

Additional Notes

New York has a strong lemon law with state-run arbitration. Also has a Used Car Lemon Law (§ 198-b) covering vehicles purchased from NY dealers: 90 days/4,000 miles for cars under 36,000 miles, 60 days/3,000 miles for 36,001-79,999 miles, 30 days/1,000 miles for 80,000-100,000 miles. The state arbitration decision binds the manufacturer but NOT the consumer, who can still sue.