Fitzpatrick v. Bank of New York

OPINION OF THE COURT

William D. Friedmann, J.

This motion for summary judgment (CPLR 3212), places in focus, whether a purchaser of a motor vehicle without notice of a lien perfected under the Uniform Vehicle Certificate of Title Act (Vehicle and Traffic Law, art 46) is entitled to priority and possession over the lienholder, whose lien was improperly satisfied, released and omitted from notation, on the certificate of title, by the Department of Motor Vehicles.

CONTENTIONS

Defendant bank in support of the motion maintains that its repossession was proper pursuant to the security interest granted…