In Matter of Bay Ridge Toyota v. Lyons (272 A.D.2d 397 [2d Dept 2000], the Appellate Division affirmed the trial court's denial of the car dealer's request to vacate the consumer's Lemon Law award. The focus of the matter was the 15-day "out of service" presumption provision contained in the Used Car Lemon Law that is similar to the 30-day "out of service" presumption provision contained in the New Car Lemon Law and which does not contain the language "but such nonconformity, defect or condition continues to exist." The Appellate Division stated that the consumer was entitled to the award because the vehicle was out of service due to repairs or malfunction for 15 or more days and that this presumption "was not contingent upon whether the car was presently operable." (Bay Ridge v. Lyons, supra at 397).