Tulley v. Nemet Motors Inc., 011452/05.

• Decision Date: 30 April 2012
• Docket Number: No. 011452/05.,011452/05.
• Citation: 953 N.Y.S.2d 554,2012 N.Y. Slip Op. 50902,35 Misc.3d 1226
• Parties: Georgia TULLEY, Plaintiff, v. NEMET MOTORS INC., Defendant.
• Court: New York Civil Court

35 Misc.3d 1226
953 N.Y.S.2d 554
2012 N.Y. Slip Op. 50902

Georgia TULLEY, Plaintiff,
v.
NEMET MOTORS INC., Defendant.

No. 011452/05.

Civil Court, City of New York,
New York County.

April 30, 2012.

Plaintiff was unrepresented.

Defendant was represented by Rebecca M. Wenner, Bayside, NY.

ANDREA MASLEY, J.

On March 25, 2005, plaintiff Georgia Tulley initiated this action alleging “damage caused to automobile; failure to provide proper services; automobile sold to plaintiff with problem without plaintiff knowing it has a problem.” Plaintiff is unrepresented.

At trial it was established that on January 31, 2002, plaintiff purchased a 2002 Nissan Pathfinder with 42,837 miles from defendant Nemet Motors Inc. Plaintiff also purchased an extended warranty for 36 months or 36,000 miles for $2,195. The total cost was $32,339.21. She paid $2,000, got a used car credit of $1,700, and financed the balance. The warranty was in effect and covered the car until shortly before it was repossessed.

Ms. Tulley testified that the “check engine light” came on the next day. Ms. Tully returned the vehicle on February 5, 2002 and it was returned to her on February 6, 2002. According to Nemet's witness Mr. Pearlstein, Nemet technicians inspected the car and found a problem with the emissions control system which recycles fumes in the gas tank. Nemet's receipt states “purge control failure. Replaced purge control valve ... valve assy cont.” The emissions system problem was repaired without charge and the “check engine light” was reset.

Omar Bowie, Ms. Tulley's husband testified that he brought the car back 15 to 16 times about 1 to 2 times per week. Mr. Bowie testified that after he was relocated by his employer to Chicago, that he was stranded for 3 hours waiting for a tow because the check engine light came on. He testified that he was compelled to return to New York giving up his job and the family's Chicago apartment lease because he could not rely on this car to get to and from work.

On April 15, 2002, the “check engine light” appeared again. The mileage was recorded at 47,071. The technicians inspected the vehicle and found nothing wrong and reset the light.

On May 30, 3002, Nemet replaced the front brakes.

On September 4, 2002, five months later, plaintiff returned when the “check engine light” turned on and the mileage was 54,949. The technicians inspected the vehicle and found a valve problem represented by codes P0440, P1448. According to Nemet's invoice “Tested vent cntrl, valve found leaking replaced vent cntrl valve tested no further codes found” At trial Scott Pearlstein of Nemet said it was the result of normal wear and tear. The valve was replaced and the “check engine light” was reset. Ms. Tulley paid $63.43.

Plaintiff moved to Chicago in the fall of 2002. While she was driving her car from NYC to her new home, the “check engine light” turned on.

On October 1, 2002, Ms. Tulley brought the car to Mark Bass Nissan in Joliet Illinois when the check engine light appeared and the mileage was 57,079. The technician found the cause to be “valve sticking charcoal in system ... evap control system ... cleaning procedure for eval canister ... rpl evap cannister vent control valve ... valve assy.” The car was returned on October 4, 2002.

On October 7, 2002, the car was towed to Mark Bass when the car would not start, “fuel light stays on and whn adding gas, gauge won't move ... battery won't hold charge.” The mileage was 57,991I. The car was returned to plaintiff on October 10, 2002 after the battery, pump and sender were replaced. According to the receipt, Ms. Tulley paid $153.38. According to the...