A Rockland County woman claims that BMW leased a luxury sports sedan to her that was riddled with defects.
Miriam Mizrachi of Suffern sued BMW of North America of Woodcliff Lake, New Jersey, on Oct. 15 in federal court in White Plains, calling the car a lemon.
She leased a new 2018 M760i, priced at $172,101 and with total payments set at $85,475, in June 2018.
Less than six months later, with 8,539 miles on the odometer, problems began to plague the car, the lawsuit states.
Six times in nine months and 3,667 miles, she claims, she had to take the car in for repairs. The car was in the shop for 59 days and beset by continuing problems for 113 days.
The alleged glitches began with the battery and oil warning lights flashing on and a door not locking. Then, there was the faulty key battery light and the driver”™s seat that could not be adjusted. Messages and lights warned her about problems with the coolant, driver restraint system, headlights and seat restraints.
BMW of Ramsey, New Jersey, and one time, Wide World BMW in Spring Valley, tried to fix the defects. Mechanics looked for oil leaks and found none. A battery, door lock actuator, key battery, coolant hose, blown fuses, chaffed wire, suspension control module, driver”™s seat module, seat motors, seat harness and a wire to the fuse panel were replaced.
Mizrachi claims that BMW violated the federal Magnuson-Moss Warranty Act, New York Lemon Law and state warranty law by leasing a car with substantial “nonconformities” and failing to fix the defects within a reasonable period of time.
She is demanding a full refund on the contract price, including taxes, fees and insurance premiums, as well as actual, incidental and consequential damages.
BMW spokesman Oleg Satanovsky said in an email that the company does not comment on pending litigation.
Mizrachi is represented by Vlad Hirnyk, of Lemberg Law LLC in Wilton, Connecticut.
