To those folks who will ever need to go after a car dealer, like Action chevrolet, don't rely on the NYS lemon law. That law is a sham and is only there to suit those who may afford its dubious methods.
I posted earlier on Action Chevrolet. Their willingness to perform anything meaningfull turned out to be their appearance at the mandatory mediation hearing set by rule of the NYS lemon law. They appeared at this "mediation" with full legal and General Motors regional representation. Their dare to me to sue them was truly baited.
The hearing had not begun formally when the mediator asked if we would like a few minutes in her absence to resolve the issue. I agreed thinking this may actually work. I asked Action to just repair the tranny to the new condition it should be and their answer was quick and straight, "no". That was it. No questions or discussion at all just "NO". They wanted to show me how they were going to get away with their garbage repair job just as they threatened.
Now the mediator returns, asks the all important question did we resolve it, of course not. She begins by stating she knows only the atty representing them. Denies any affiliation with action or GM and then professes her talent to mediate is the only reason she is there, not that she knows anything about a car other than to put the key in, turn it and go. Now thats what I call a beaurocratic appointment. Who better to deal with an automotive lemon law than an ignorant professional.
I asked the mechanic, who was under oath, if he checked the trans for excessive gear lash while it was being worked on. He said no. He was asked if he had the ability to do so, answered yes. Asked why he did not, answered he was not told to do so. I then ask who was instructing him and find that General Motors, through telephone prompting during the job, controlled this mechanics hands, eyes and ears. Brain too apparently. I asked how many trannys he had fixed like this. Previously he stated he worked for Action for 15 years and his answer was, several thousand. Simple math will tell you that he must have done absolutely nothing else in the past 15 years but eat drink and fix trannies if this is possible. EX; take 50 working weeks (average after holiday time off) @ 5 days a week = 250 days a year. To dismantle, repair and replace, test and complete the job, 2 working days. (the flat rate manual gives more than that and they actually had the car for way more than that but I'll give them the benefit of the doubt just for this exercise) That = 125 jobs a year times 15 years coming to a grand total of 1875 trans repairs possible if he took no sick time, vacation time, training time or any time for anything else but trans repairs. Bottom line, HE LIED! Action Chevrolet based their professional testimony on a liar and was complicit in the lie because the manager backed up that statement. I'll forgo the 4 hours of testimony and get on with the best of the best.
General Motors! They were notified of the pending action and withing two weeks generated an official document, a "service bulletin"
" # 01-07-30-042B JAN 04 A/T - 4L60-E/4L65-E, 2-3/3-2 Shift Clunk Explanation" (thats their words), which states that all these trannies, 4L60E / 4L65E, may or may not clunk when shifting. They have tried to attribute this clunk to other sources and released as many bulletins to "cover their ass" but this clunk was reported by another professional tranny repair shop.
That perfect timing of the release of the manufacturers specific service bulletin should worry even an idiot that they are fraudulently conspiring to screw the consumer.
The mediator findings, note the mediator is not the NTSB, were that since there was no evidence that this clunk was going to result in any danger while driving that my suit was dismissed!!! Wtf! You be the judge. Is our system that well disorganized? Of course I failed to mention, I can pay a lawer up front thousands of dollars to appeal and get into a higher court and risk the loss of that money too as well might be the case judging from experience with the system whose entire being is to prevent this activity in the first place.in fact since the lemon laws inception only a handful of cases have been won by the consumer and the defendants were mainly used car dealers who have no ability to hide behind service bulletins.
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