New York’s HAUPPAUGE (November 23, 2009) – Attorney General Andrew M. Cuomo revealed today that his office has sued Smithtown Nissan for secretly changing contract rates after reaching an agreement with the customer on a different price and set of terms.
Numerous complaints regarding Smithtown Nissan were filed with the Attorney General’s office, citing fraudulent activities such adding expensive and unnecessary options to sales contracts without the customers’ consent or just charging more for the vehicle than was agreed upon. The complaints stated that they were misled into thinking they were paying one amount for a vehicle but were actually charged significantly more by the dealership, which is operated by Joseph O. Rubio and is situated at 535 Middle County Road in St. James.
The investigation also revealed that Smithtown Nissan had broken the terms of a contract it had with the Attorney General’s Office in 2004 that forbade it from using dishonest business tactics.
Attorney General Cuomo stated, “Based on this owner’s background, this appears to be a new spin on an old swindle.” Consumers paid a set fee but were shocked to see that the terms of the contract had been altered without their permission.
The dealership frequently neglected to give consumers copies of their contracts, as required by state law, according to the findings of the Attorney General’s investigation. Other dishonest business activities by the dealership included adding unauthorized service contracts, options, and fees to the vehicles without the approval of the buyer. Customers who wanted to revoke the extended warranties and add-on services repeatedly contacted the dealership, but they were ignored.
Cuomo’s office is asking a judge to enjoin Smithtown from engaging in such conduct, as well as to impose fines and fees on Smithtown. He requests that anyone who thinks Smithtown Nissan cheated them get in touch with his Suffolk Regional Office at 631-231-2401.
Alan Berkowitz, acting assistant attorney general in charge of the Suffolk Regional Office, is handling the case.
Smithtown Nissan loses its corporate contract and shuts down due to ownership conflict.
Smithtown In the midst of a protracted legal battle over who actually owns the franchise, Nissan has closed its doors after losing its contract with Nissan.
According to correspondence filed in a legal dispute involving numerous parties claiming an ownership position in the business, Nissan North America, Inc. informed Smithtown Nissan in a letter that it will terminate its dealer sales and service agreement around September 22.
According to court documents, the 535 Middle Country Rd. dealership shut down in late September without the corporate contract, according to John Juliano, an attorney for Thomas Rubio, who has an interest in Smithtown Nissan. According to a letter Juliano sent the judge, the dealership employed roughly 100 people.
The letter made reference to the dealership’s lack of so-called flooring credit lines, which finance inventory, and stated that “Nissan granted Smithtown and its owners an extended opportunity to resolve the concerns.” According to the statement, “the loss of a flooring line is the most recent illustration of the unfavorable outcome of the long-running and ongoing ownership and management disagreements.”
The disputes go back at least to 2012, when Joseph Oscar Rubio, the franchise’s then-majority owner and Thomas Rubio’s father, requested assistance to keep the dealership solvent, according to court documents. 2014. Joseph Oscar Rubio passed away.
The ownership of the business has since been contested in court by a number of parties, including Thomas Rubio, the patriarch’s widow Theresa Rubio, Carmine Dell Aquila, a former Port Jefferson village trustee who lent the dealership money, Craig Fina, the dealership’s sales manager, and Theresa Rubio.
Prior to now, the dealership declared its “temporary closure.” A report claims that it was let go by Nissan.
NY, ST. JAMES According to Newsday, Smithtown Nissan ceased down after losing its contract with Nissan. According to Newsday, the dealership, located at 535 Middle Country Road, has been involved in a protracted dispute over the ownership of the franchise. According to Newsday, Nissan North America, Inc. wrote to Smithtown Nissan to inform them that their dealer sales and service agreement had been broken due to ownership problems and an inadequate wholesale finance plan.
Smithtown Nissan informed clients through email in late September that business would be closed temporarily. It announced its shutdown and stated that it would not reopen until further notice, citing “unforeseen circumstances.”