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Tavoulareas v. Steven Kessler Motor Cars, Inc.
Citations: 259 A.D.2d 262; 686 N.Y.S.2d 17; 1999 N.Y. App. Div. LEXIS 2310
Court: Appellate Division of the Supreme Court of the State of New York; March 1, 1999; New York; State Appellate Court
An order from the Supreme Court of New York County, issued by Justice Lorraine Miller on August 13, 1998, partially granted the summary judgment motions of defendants McGann and Stauffer. The court dismissed the remainder of the complaint against them, concluding that they are good faith purchasers under UCC § 2-403 and therefore cannot be held liable for conversion regarding the failure to return the subject automobile. The court determined that Vehicle and Traffic Law § 2113 and 15 NYCRR § 78.40 do not apply to the pre-1972 vehicle in question. Even if these provisions were applicable or if defendant Motor Cars lacked authority from the plaintiff to sign the registration certificate, the court found that Stauffer and McGann acquired “voidable title” and had the right to convey the vehicle. The court also considered and rejected other claims for affirmative relief from the parties. The judgment was entered in favor of defendants McGann and Stauffer, dismissing the complaint against them, without costs. The decision was concurred by Justices Nardelli, Rubin, Mazzarelli, and Andrias.