In this appeal from the Law Division's grant of summary judgment to defendants, the court was asked to consider, for the first time, whether a motor vehicle subject to a recall notice alone is sufficient to establish a claim pursuant to the New Jersey Lemon Law statute, N.J.S.A. 56:12-29 to -49. Defendant issued a recall notice that encompassed plaintiff's vehicle. Plaintiff subsequently brought the vehicle to the dealer to have the recall repair performed. Primarily due to disruptions resulting from the COVID-19 pandemic, defendant's ability to complete the recall was delayed.
A Law Division judge granted defendant summary judgment. The court affirmed and held the existence of a recall notice alone is not sufficient to establish the "nonconformity" element of a Lemon Law claim. In addition, because plaintiff primarily used the vehicle for business purposes, it is excluded from the Lemon Law's coverage.
