Legal Opinion · Dissent

McCabe v. Competition Imports, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 17, 2003Published

1DissentPeters, J.

I respectfully dissent. The majority recognizes that defendant Competition Imports, Inc. was required to forward the paperwork pertaining to defendant Melissa J. Rifenburg’s registration and title application to the Department of Motor Vehicles within five days of its issuance of the temporary registration (see Vehicle and Traffic Law § 420-a [4]; 15 NYCRR 78.23 [e] [1]), that a failure to comply with the State’s registration requirements has resulted in a finding that the automobile dealer will be estopped from denying ownership and that it is uncontroverted that Competition failed to comply…

2Cases cited9 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Switzer v. AldrichNew York Court of Appeals · 1954
  3. Reese v. ReamoreNew York Court of Appeals · 1944
  4. Shuba v. GreendonnerNew York Court of Appeals · 1936
  5. Brown v. HarperAppellate Division of the Supreme Court of the State of New York · 1996

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