Preview
FILED: ALBANY COUNTY CLERK 04/24/2024 12:34 PM INDEX NO. 903988-24
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/24/2024
STATE OF NEW YORK BOND NO. S-962955
SUPREME COURT ALBANY COUNTY
___________________________________________
In the Matter of the Index No.:
Special Proceeding Application of
CHRYSLER CAPITAL,
Petitioner(s)/Plaintiff(s), UNDERTAKING IN THE
SUM OF $25,000.00
-against-
CHAMPION AUTOMOTIVE 1 LLC, and THE NEW
YORK STATE DEPARTMENT OF MOTOR VEHICLES,
Respondent(s)/Defendant(s).
---__________________________________._______
WHEREAS, petitioner has commenced a special proceeding to redeem and/or cancel a
garageman's lien asserted by respondent CHAMPION AUTOMOTIVE 1 LLC against a certain 2020
Honda vehicle which petitioner owns and to recover possession of said vehicle and as part of such
proceeding has moved to substitute an undertaking in place of the vehicle in an amount sufficient to provide
security forpayment ofthe garage's lien claim in the event said respondent proves it possesses a valid
garage lien,
NOW,THEREFORE,theundersigned, NGM Insurance Company, a corporation authorized to
do business under the laws of the State of NewYork, and having an office and principal place of business at
220 Salina MeadowsParkway, Suite 200, Syracuse, NY 13212, does hereby pursuant to the law as made
and provided, undertake and become bound to pay to respondent CHAMPION AUTOMOTIVE 1 LLC
any garage lien claim charges which are determined by the Court to be lawfully due to said respondent
relative to 2020 Honda vehicle which is the subject of this proceeding not exceeding the sum of $25,000.00,
16*
DATED THIS DAYOF APRIL,2024
NGM INSURANCECOMPANY
. .... .. ................................................ ............................................................................
By:
Nicholas A. Hanley, Attorney in Fact
andNewYork Agent
1 of 2
FILED: ALBANY COUNTY CLERK 04/24/2024 12:34 PM INDEX NO. 903988-24
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/24/2024
KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office
in the City of Jacksonville, State of Florida, pursuant to Article TV, Section 2 of the By-Laws of said Company, to wit:
"SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power
and authority to appoint attomeys-in-fact and to authorize them to execute on behalf of the company and affix the seal
of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond,
recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power
them."
and authority given to
does hereby make, constitute and appoint Nicholas A Hanley, William R Hanley, April Reagan its true and lawful to make,
Attorney-in-fact,
execute, seal and deliver for and on its behalf, and as its act and deed bond number S-962955 dated April 16, 2024 ,
on behalf of Chrysler Capital
in favor of Champion Automotive 1 LLC and The New York State Department of Motor Vehicles
for Twenty Five Thousand and 00/100 Dollars ($ 25,000.00 )
and to bind NGM Insurance Company thereby as fully and to the same extent as if such instrument was signed by the duly authorized
officers of NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed.
This power of attomey is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors
of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977.
Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any
power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking,
recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted
by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon
the company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Assistant Secretary and its
corporate seal to be hereto affixed this 24th day of August, 2023 a
NGM INSURANCE COMPANY By: 1923
Lauren K. Powell
*=*
Assistant Secretary
State of Wisconsin,
County of Dane.
On this 24th day of August, 2023 before the subscriber a Notary Public of State of Wisconsin in and for the County of Dane duly
commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer described
herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed
and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said
Company, and the said corporate seal and her signature as officer
were duly affixed and subscribed to the said instrument by the
authority and direction of the said Company; that Article
IV, Section 2 of the By-Laws of said Company is now in force.
IN WITNESS WHEREOF, Ihave hereunto set my hand and affixed by official seal at Madison,Wisconsin this day 24th of August,
2023. --
My Commission Expires May 21, 2027 ; .
I, AndrewRose, Vice President of NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney executed by said Company which is still in force and effect. IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Company at Madison, Wisconsin this 16 day of April , 2024 .
Vice President
WARNING: Any unauthorized reproduction or alteration of this docurnent is prohibited.
TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281.
TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431
Attn: Bond Claim Dept.or call our Bond Claim Dept. at 1-603-358-1437
2 of 2