Alvin Singer v. Toyota Motor Sales, U.S.A., Inc. (d/b/a Lexus) (A-2981-21, decided June 30, 2023)

The plaintiff leased a 2018 Lexus LS 500 and sought Lemon Law relief based solely on a safety recall for a low-pressure fuel pump that could cause stalling (parts were unavailable for months due to supply issues, including COVID-related delays). The vehicle was repaired once (with loaners provided), showed no actual symptoms, and the plaintiff had no prior issues. The Appellate Division affirmed summary judgment for the manufacturer. Key holdings: A recall notice alone does not establish a “nonconformity” under N.J.S.A. 56:12-30; there must be proof of an actual defect in the specific vehicle that substantially impairs use, value, or safety. Shaken confidence or potential risk is insufficient without evidence of impairment. The Lemon Law also excludes vehicles used primarily for business/commercial purposes. This ruling was incorporated into the revised Model Jury Charge 4.45 (November 2023), which explicitly states that a recall notice alone is not enough