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New York · Article Updated May 23, 2026

Engine Defects in New York Lemon Law Cases

Engine defects — stalling, misfires, excessive oil consumption, head-gasket failures — qualify for New York Lemon Law refund under § 198-a.

Engine defects routinely satisfy New York’s substantial-impairment test under § 198-a(a)(2). Engines that stall, misfire, consume oil excessively, or fail catastrophically clearly impair use, value, and safety.

Common engine defect categories

Intermittent stalling

Engine cuts out, sometimes at highway speeds. Safety-critical → strong § 349 exposure.

Misfires

Rough idle, hesitation under load, check-engine lights.

Excessive oil consumption

Common in Subaru FB-series, Honda 1.5L turbo, BMW N20. See Subaru article and Honda article.

Manufacturers often require “oil consumption tests” with multiple measurement visits — each counts as a repair attempt.

Head-gasket failures

Common in Subaru EJ-series and Hyundai/Kia engines.

Theta II engine failures (Hyundai/Kia)

Hyundai/Kia 2.0L and 2.4L engines (2011-2019) — extensive NY cases. See Hyundai and Kia.

Timing-chain stretch / failure

BMW N20, Audi 2.0T, Ford EcoBoost, certain Honda V6.

Diagnostic challenges

Engine defects can be hard to reproduce. Strategies:

  • Record video.
  • Note specific conditions.
  • Request multi-day diagnostic holds.
  • Get diagnostic codes.

§ 349 willfulness exposure

Engine cases frequently involve manufacturer TSBs and recalls. Documented manufacturer knowledge supports § 349 damages and attorney fees in civil court.

What you should do

  1. Pull every repair order.
  2. Document oil-consumption test results.
  3. Save TSBs the dealer mentioned.
  4. Check NHTSA recalls for your VIN.
  5. Send § 198-a(d) notice.
  6. Choose path — AG arbitration or court action.
  7. Get a free case review.

Related

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