Documenting Evidence for a New York Lemon Law Case

New York Lemon Law cases — whether at AG arbitration or in civil court — turn on documentation.

Repair orders — the single most important document

Every visit to an authorized dealer generates a repair order (RO). For New York Lemon Law purposes, every RO should contain:

• Customer complaint (your verbatim description).
• Diagnostic findings.
• Parts replaced (with part numbers).
• Labor performed.
• Date in / date out.
• Mileage in / mileage out.
• Warranty vs. customer-pay designation.

Get every RO, including “no problem found” visits. Each visit counts as a repair attempt under § 198-a(d).

What if you don’t have repair orders?

New York dealer-license rules require repair documentation retention. Request copies in writing. The manufacturer’s warranty-claim records are also discoverable in civil court actions.

The written notice — preserve every piece

For New York, the § 198-a(d) written notice is procedurally critical. Save:

• A copy of the notice itself.
• The certified-mail receipt (proof of mailing).
• The return receipt (proof of delivery).
• Any manufacturer responses.

While certified mail isn’t strictly required, using it provides the cleanest proof.

Communications

Save every email, text, and letter between you and (a) the dealer’s service department or (b) the manufacturer’s customer-relations team:

• Appointment confirmations (timestamps prove out-of-service days).
• Service writer messages about diagnostic findings.
• Customer-relations case numbers.
• “Goodwill” offers (admissible to show recognition of the defect).

For verbal communications, write contemporaneous notes.

Loaner / rental records

Every day at the dealer counts toward the 30-day cumulative out-of-service threshold. Track every loaner agreement, rental receipt, and drop-off/pickup date.

Photos, videos, and dash-cam footage

Smartphone video of an active symptom is highly persuasive. Date- and time-stamp images.

Purchase documents

• The retail installment sales contract or lease agreement.
• The bill of sale with itemized charges.
• The finance contract.
• The owner’s manual / warranty booklet.
• Any service contracts.

Your repair-attempt log

Build a simple spreadsheet:

Date in	Date out	Days OOS	Mileage in	Complaint	Diagnosis	Parts	RO #

The single most useful document at intake.

What the manufacturer’s defense will look for

• Gaps in repair history.
• Customer-caused damage — accidents, modifications, misuse.
• Missing § 198-a(d) notice.
• Repair adequacy claims.
• Substantial-impairment challenges.

Strong documentation defeats most of these.

AG arbitration vs. court documentation requirements

For AG arbitration, you’ll typically submit:

• Copies of all repair orders.
• The § 198-a(d) notice and delivery confirmation.
• The purchase contract.
• Communications with the manufacturer.

For court action, the same records form the foundation but discovery typically expands significantly — depositions, interrogatories, document production from the manufacturer.

What about § 349 cases?

For § 349 actions in civil court, documentation requirements expand to include:

• Evidence of misrepresentation or deceptive practices.
• TSBs and recall history demonstrating manufacturer knowledge.
• Internal manufacturer records (discoverable in litigation).
• Customer-relations notes (discoverable).

Bottom line

New York Lemon Law cases reward methodical documentation. AG arbitration is informal but evidence-based; civil court is more formal but uses the same underlying records. Build a clean timeline from day one.

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