On November 07, 2022 a
No Value
was filed
involving a dispute between
Santander Consumer Usa, Inc.,
and
Cas Auto Body & Repair Corp,,
The New York State Department Of Motor Vehicles,
for Special Proceedings - Other (Lien Law 201-A)
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 11/07/2022 04:41 PM INDEX NO. 908406-22
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/07/2022 ..
STATE OF NEW YORK
SUPREME COURT ALBANY COUNTY
-------------------------------------
In the Matter of the
Special Proceeding Application of
SANTANDER CONSUMER USA, INC.,
TRO AFFIRMATION
Petitioner(s)/Plaintiff(s), PURSUANT TO
UNIFORM RULE 202.7(f)
-against-
CAS AUTO BODY & REPAIR CORP, and
THE NEW YORK STATE DEPARTMENT
OF MOTOR VEHICLES,
Respondent(s)/Defendant(s).
--_________ _ _ _ _ _ _ _ ____-.._______
RUDOLPH J. MEOLA, under penalty of perjury, affirms and says:
1. I am the attorney for Petitioner/Plaintiff. This affirmation is made in conjunction with the
following request for temporary relief set forth in the accompanying order to show cause.
SUMMARY OF THE TRO SOUGHT - -
BASED UPON THE BOND POSTED, THE VEHICLE SHOULD
BE IMMEDIATELY DELIVERED TO PETITIONER
2. It is settled law that once a bond is posted in a sum sufficient to satisfy allclaims against a
chattel, the bond replaces the chattel as security and compels delivery of the physical chattel.
AD2d (3rd AD2d
[See: Ukryn v Morgan Marine Base, 100 649 Dept.); Reeder v Warner, 112 677
(3rd
678 Dept.)] The bond amount is sufficient if itcovers the claim amount. (See: Angelika
Misc2d
Films v Urban, 140 4
3. Since substitution of this bond for the vehicle does not address the merits of either party's claim,
but rather provides additional security for the garage, we respectfully request that the bond be
substituted as collateral and that the physical vehicle (being no longer needed as security), be
Supp3d
immediately delivered to Petitioner(s)/Plaintiff(s). (See: LaChapelle v Torres, 37 F. 672,
footnote 4, reiterating that "posting an undertaking discharges any lien [the garage] may have.")
1 of 2
FILED: ALBANY COUNTY CLERK 11/07/2022 04:41 PM INDEX NO. 908406-22
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/07/2022
4. A bond is sufficient if itexceed the value of the the value of the vehicle (because and in-
claim,
rem claim is necessarily limited to the value of the vehicle), or the bond is an amount that
exceeds any reasonable plausible amount that the garage could demand.
5. The bond of $15,000.00 is sufficient because itexceeds any reasonable amount the garage could
claim.
6. Time is of the essence to both parties as the vehicle continues to depreciate to the determent of
Petitioner(s)/Plaintiff(s) and continues to burden the garage with the inconvenience and liability
to itsdeterment.
GOOD FAITH NOTICE OF THE TEMPORARY RELIEF SOUGHT
7. Petitioner(s)/Plaintiff(s) has provided notice of its intention to present the order to show cause
with substitution of a bond as follows:
a) On November 4, 2022, a member of this office emailed a letterto CAS AUTO BODY
& REPAIR CORP advising that on November 8, 2022 at 4:00 PM or soon thereafter
as may be practicable the order to show cause would be e-filed and presented to the
Acting Part I Judge in the Albany County Supreme Court at the earliest opportunity
allowed by the Court and that the garage was entitled to be heard on the request for
temporary relief. (attached hereto)
b) The Department of Motor Vehicles has advised through its counsel that where
temporary relief involves freezing titletransfer and the substitution of a bond in a garage
lien case prior notice to the Department is not n .
Dated: Albany, New York yA
4th
On this day ofNovember, 2022 Iludolph eola
Attorne or Plaintiff
1822 estern Avenue
Al y, New York 12203
PEone: (518) 713-2030
2 of 2
Document Filed Date
November 07, 2022
Case Filing Date
November 07, 2022
Category
Special Proceedings - Other (Lien Law 201-A)
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FILED: ALBANY COUNTY CLERK 11/07/2022 04:41 PM INDEX NO. 908406-22 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/07/2022 .. STATE OF NEW YORK SUPREME COURT ALBANY COUNTY ------------------------------------- In the Matter of the Special Proceeding Application of SANTANDER CONSUMER USA, INC., TRO AFFIRMATION Petitioner(s)/Plaintiff(s), PURSUANT TO UNIFORM RULE 202.7(f) -against- CAS AUTO BODY & REPAIR CORP, and THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent(s)/Defendant(s). --_________ _ _ _ _ _ _ _ ____-.._______ RUDOLPH J. MEOLA, under penalty of perjury, affirms and says: 1. I am the attorney for Petitioner/Plaintiff. This affirmation is made in conjunction with the following request for temporary relief set forth in the accompanying order to show cause. SUMMARY OF THE TRO SOUGHT - - BASED UPON THE BOND POSTED, THE VEHICLE SHOULD BE IMMEDIATELY DELIVERED TO PETITIONER 2. It is settled law that once a bond is posted in a sum sufficient to satisfy allclaims against a chattel, the bond replaces the chattel as security and compels delivery of the physical chattel. AD2d (3rd AD2d [See: Ukryn v Morgan Marine Base, 100 649 Dept.); Reeder v Warner, 112 677 (3rd 678 Dept.)] The bond amount is sufficient if itcovers the claim amount. (See: Angelika Misc2d Films v Urban, 140 4 3. Since substitution of this bond for the vehicle does not address the merits of either party's claim, but rather provides additional security for the garage, we respectfully request that the bond be substituted as collateral and that the physical vehicle (being no longer needed as security), be Supp3d immediately delivered to Petitioner(s)/Plaintiff(s). (See: LaChapelle v Torres, 37 F. 672, footnote 4, reiterating that "posting an undertaking discharges any lien [the garage] may have.") 1 of 2 FILED: ALBANY COUNTY CLERK 11/07/2022 04:41 PM INDEX NO. 908406-22 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/07/2022 4. A bond is sufficient if itexceed the value of the the value of the vehicle (because and in- claim, rem claim is necessarily limited to the value of the vehicle), or the bond is an amount that exceeds any reasonable plausible amount that the garage could demand. 5. The bond of $15,000.00 is sufficient because itexceeds any reasonable amount the garage could claim. 6. Time is of the essence to both parties as the vehicle continues to depreciate to the determent of Petitioner(s)/Plaintiff(s) and continues to burden the garage with the inconvenience and liability to itsdeterment. GOOD FAITH NOTICE OF THE TEMPORARY RELIEF SOUGHT 7. Petitioner(s)/Plaintiff(s) has provided notice of its intention to present the order to show cause with substitution of a bond as follows: a) On November 4, 2022, a member of this office emailed a letterto CAS AUTO BODY & REPAIR CORP advising that on November 8, 2022 at 4:00 PM or soon thereafter as may be practicable the order to show cause would be e-filed and presented to the Acting Part I Judge in the Albany County Supreme Court at the earliest opportunity allowed by the Court and that the garage was entitled to be heard on the request for temporary relief. (attached hereto) b) The Department of Motor Vehicles has advised through its counsel that where temporary relief involves freezing titletransfer and the substitution of a bond in a garage lien case prior notice to the Department is not n . Dated: Albany, New York yA 4th On this day ofNovember, 2022 Iludolph eola Attorne or Plaintiff 1822 estern Avenue Al y, New York 12203 PEone: (518) 713-2030 2 of 2