PEREZ v. HEMPSTEAD SALES


173 Misc.2d 710 (1997)

662 N.Y.S.2d 184

Norma Perez, Plaintiff, v. Hempstead Motor Sales, Ltd., Doing Business as Hempstead Honda, et al., Defendants.

District Court of Nassau County, First District.

June 23, 1997


Attorney(s) appearing for the Case

Bellavia & Kassel, P. C., Mineola, for Hempstead Motor Sales, Ltd., defendant. Ross, Suchoff, Egert, Hankin, Maidenbaum & Mazel, P. C., New York City, for JDR Leasing & Business Services, Inc., defendant. Robert L. Dougherty, Garden City, for plaintiff.


IRA J. RAAB, J.

In a "bait and switch" claim by a hispanic maid to rescind an auto lease due to fraud, the dealer's summary judgment motion is denied. The court finds serious and material questions of fact as to whether she was fraudulently induced to believe that she was "buying", rather than "leasing", the car.

The deceptive practice of the within "bait and switch" scheme, as claimed by the plaintiff...

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