New York lemon law: how to file (2026)

The complete, plain-English walkthrough — built from the New York Attorney General's Lemon Law program publications and General Business Law §198-a, not law-firm marketing. Last reviewed September 30, 2026.

What vehicles are covered

New York's lemon law (General Business Law §198-a) covers new motor vehicles purchased, leased, or transferred in New York and used primarily for personal, family, or household purposes — including demonstrators and motorcycles. A vehicle bought, leased, or transferred within the first 18,000 miles or 2 years of original delivery, or presently registered in New York, can be covered, as long as it came with the manufacturer's express warranty at original delivery.

Not covered: off-road vehicles (e.g., snowmobiles) and vehicles used mostly for business. Motor homes are covered for their automotive (driving) components — with special notice rules; living-facility components (flooring, plumbing, roof A/C, furnace, generator, non-automotive electrical, etc.) are excluded. Used vehicles fall under a separate statute (GBL §198-b) with its own tests, a $150 arbitration fee, and a separate form — those rules aren't covered by this guide.

The two presumption tests (no safety shortcut)

A "reasonable number of attempts" is presumed if, within the first 18,000 miles or 2 years of original delivery (whichever first), any one of these happened:

1. Four-times test

The same defect persists after 4 or more repair attempts. Different defects don't combine — it must be the same nonconformity.

2. 30-day test

The vehicle was out of service for repair a cumulative 30+ calendar days and the defect still exists. Days need not be consecutive.

No safety shortcut: unlike some states, New York has no reduced-attempt test for safety defects — the same 4-times / 30-day thresholds apply.

If the dealer refuses to repair within 7 days of your notice: send written notice by certified mail, return receipt requested to the manufacturer, who then has 20 days from receipt to commence repairs.

The 4-year filing deadline

Court actions under the New York lemon law must be commenced within 4 years of original delivery (GBL §198-a(j)).

Calculate your estimated deadline →

Arbitration timing is unconfirmed. The arbitration-program timing details could not be verified from primary sources — confirm them with the NY AG's Lemon Law Unit before relying on any arbitration deadline. Do not treat the 4-year court deadline as an arbitration deadline.

Reporting within the window

Report the nonconformity to the manufacturer or an authorized dealer within the 2-year / 18,000-mile window. Reporting to the dealer counts as notice to the manufacturer — the dealer must forward it to the manufacturer by certified mail, return receipt requested, within 7 days. Keep proof you reported in time.

How to file: the AG, the form, the $250 fee

The state arbitration program is optional — you can choose it instead of going to court. Check one rule first: if your manufacturer has its own informal dispute program, GBL §198-a(g) says the refund/replacement rules don't apply to a consumer who hasn't first resorted to it. Whether using the state program instead satisfies that rule is unconfirmed — ask the AG's Lemon Law Unit or an attorney before you skip the manufacturer's program.

New York's program is run by the NY Attorney General's Lemon Law Unit, which screens every request for eligibility and forwards accepted ones to NYSDRA (New York State Dispute Resolution Association):

• Form: the official Request for Arbitration (CFB007, rev. 03/2025).
• Where to send: email to [email protected], or mail to the Office of the NY State Attorney General, Lemon Law Unit, 28 Liberty Street, 15th Floor, New York, NY 10005 (Attn: LEMON LAW ARBITRATION UNIT).
• Fee: $250 to NYSDRA — but only after the AG accepts your request. Do NOT send it until NYSDRA asks. Receipt of the fee is the filing date.
• Hearing timing: a hearing is scheduled no later than 35 days after the filing date.

What happens after you file

1. AG screening — the Lemon Law Unit checks your request for eligibility.
2. Fee — NYSDRA requests the $250 filing fee; receipt of the fee is the filing date.
3. Hearing — a hearing before a volunteer arbitrator at one of 50+ locations, typically 1–2 hours. You present first; there are no formal rules of evidence.
4. Decision — within 5 days of the hearing and no more than 40 days from the filing date. The decision is binding on both parties, with only a limited right to appeal to court. If you win, the award must include return of your filing fee.

Remedies: refund, replacement, sales tax

• Refund: full purchase price, plus trade-in allowance and license/registration/government fees — minus the statutory mileage deduction: (miles over 12,000 × purchase price ÷ 100,000), and a reasonable allowance for damage beyond normal wear and tear.
• Replacement: a comparable motor vehicle.
• Sales tax: refunded separately by the state — file Form AU-11 with the Commissioner of Taxation and Finance within 3 years of the manufacturer's refund.
• Attorney's fees: a court may award reasonable fees to a prevailing consumer (discretionary) — but none are recoverable in the arbitration itself.

When to talk to a lawyer instead

LemonLawPath is for straightforward, DIY-able cases. Talk to a licensed lemon law attorney if any of these apply:

• Your defect is a serious safety hazard (remember: no safety shortcut in NY, and death/serious-injury cases are high-stakes);
• Your vehicle is used (GBL §198-b has its own tests, its own arbitration form, and a $150 fee);
• The manufacturer denied your claim or disputes the defect;
• Your filing deadline has passed or is under 30 days away;
• You're unsure about the binding nature of the arbitration decision;
• Anything about your case feels ambiguous.

Sources: NYSenate.gov — GBL §198-a · NY AG — Lemon Law program