State lemon law · checked October 23, 2026

New York lemon law

Verified against the statute / official state publicationN.Y. Gen. Bus. Law §198-a (new cars); §198-b (used cars)

The short version

The mileage deduction only counts miles over 12,000 — the most generous formula in the country.
Used cars are a separate law with mileage tiers, not a weaker version of the new-car law.
Four attempts at the same defect, or 30+ days out of service, inside 18,000 miles / 2 years.

The presumption — New York's numbers

Presumption window	New-car presumption: the defect must be reported within the first 18,000 miles or 2 years after original delivery, whichever comes first.
Same defect	4+ repair attempts
Days out of service	30+ calendar days

The presumption is the set of numbers that shifts the burden to the manufacturer. A claim can exist outside the presumption — it is a shortcut, not the whole road. Read why.

The buyback — New York's formula

Deduction = (miles OVER 12,000) × purchase price ÷ 100,000. The first 12,000 miles are free — New York is the only state that scores it this way.

Notice and procedure

No statutory pre-suit notice letter is required for the new-car presumption, but written notice to the manufacturer builds the record. Used-car (§198-b) claims start with notice to the dealer.

Dispute route: New York runs a state lemon law arbitration program administered for the Attorney General. It is an alternative to court, not a prerequisite.

Attorney's fees: New York provides attorney's fees to a prevailing consumer under §198-a.

Your deadline

New York's general contract limitations period is long, but the presumption only covers defects reported inside the 18,000-mile / 2-year window — the window, not a filing date, is the clock that matters here.

Who and what is covered

New vehicles	Covered
Leased vehicles	Covered
Used vehicles	Covered
Motorcycles	Covered
RV / motor home	Covered — chassis / powertrain only

Used cars have their OWN New York law — GBL §198-b — with dealer warranty tiers by mileage at sale: 90 days/4,000 miles (18,001–36,000 mi), 60 days/3,000 miles (36,001–79,999 mi), 30 days/1,000 miles (80,000–100,000 mi). The car must have cost at least $1,500 and had under 100,000 miles at sale.
Scoring a used CPO car under the new-car law is the classic New York error. This checker never does it.

Included in the $39 Lemon Verdict Pack

Your repair-log tracker, the New York notice letter, the buyback worksheet on New York's formula, and your deadline calendar.

See the Lemon Verdict Pack

Sources

N.Y. Gen. Bus. Law §198-a(c)(1)
N.Y. Gen. Bus. Law §198-a(c)(2) (offset)
N.Y. Gen. Bus. Law §198-b (used-car tiers)

Checked October 23, 2026. Laws change; if your claim is close to a line, verify the current statute or ask a lawyer in New York. This page is information, not legal advice.