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Matter of Santander Consumer Usa, Inc. v. A-1 Towing Inc.
Citation: 2018 NY Slip Op 5394Docket: 526015
Court: Appellate Division of the Supreme Court of the State of New York; July 19, 2018; New York; State Appellate Court
Original Court Document: View Document
In the case of Santander Consumer USA, Inc. v. A-1 Towing Inc., the Appellate Division affirmed a Supreme Court judgment declaring A-1 Towing's garagekeeper's lien on a 2010 BMW null and void. The vehicle, owned by James Hogan, was towed by A-1 Towing for repairs, which Hogan initially authorized but later rescinded. Hogan attempted to surrender the vehicle to Santander, stating it would cover any outstanding charges. A-1 Towing claimed a lien based on a signed 'repair bill,' which they argued outlined repair and storage charges. However, the court ruled that A-1 Towing failed to demonstrate the necessary elements for a valid garagekeeper's lien as defined by Lien Law § 184, including being a registered motor vehicle repair shop and having the owner's consent for services performed. The court concluded that the requirements must be strictly adhered to, and as A-1 did not establish its registration as a repair shop, the lien was deemed invalid. The appeal was thus denied, supporting the lower court's decision. Respondent's only evidence for establishing a garagekeeper's lien was a conclusory statement from its operations manager asserting that the garage is a registered repair shop, along with its address and repair shop number. An online search confirmed that the garage is currently licensed under the provided number, but there was no record evidence or explicit assertion that it was registered in June 2016. As respondent failed to fulfill one of the essential requirements for a garagekeeper's lien, the Supreme Court correctly ruled the lien void, referencing *Matter of Daimler Trust, Daimler Tit. Co. v SG Autobody LLC, 112 AD3d at 1124-1125*. The judgment is affirmed with costs. Additionally, the garage owner bears the burden of providing evidentiary proof for all lien requirements; courts are not obligated to search external databases for verification.