On September 01, 2021 a
Complaint,Petition
was filed
involving a dispute between
M&T Bank,
and
Mamady Keita,
New York State Department Of Motor Vehicles,
One 2016 Mercedes-Benz Vin 55Swf4Kb5Gu107781,
for Special Proceedings - Other (Title Transfer)
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 09/01/2021 01:03 PM INDEX NO. 907736-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/01/2021
STATE OF NEW YORK
SUPREME COURT ALBANY COUNTY
_______ _______ __ ___________________
In the Matter of the:
Special Proceeding Application of
M&T BANK,
Petitioner,
PETITION
-against-
One 2016 MERCEDES-BENZ, V1N: 55SWF4KB5GU107781,
defendant-in-rem, MAMADY KEITA and THE NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES,
Respondents.
_ __ . ..... ___________________.
M&T Bank the Petitioner herein, states:
1. Petitioner is a corporation duly authorized to transact business in the State of New York.
INTRODUCTION
2. Petitioner seeks an order and judgment directing Respondent The New York State
Department of Motor Vehicles to record a lien in Petitioner's favor on a specific vehicle which is
sübject to a security agreement held by Petitioner.
3. The New York State Department of Motor Vehicles is named as a Respondent in its
administrative capacity for nurooses of ensuring that the Department has actual notice_and the
opportunity to be heard on Petitioner's demand that Petitioner's lien be recorded on the titlerecords
to the Subject Vehicle. No damages of any kind are sought against the Department of any division
of the State of New York.
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FILED: ALBANY COUNTY CLERK 09/01/2021 01:03 PM INDEX NO. 907736-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/01/2021
BACKGROUND
4. On or about August 23, 2018, Petitioner provided purchase money financing for
Respondent MAMADY KEITA (hercinafter "Respondent") for use in purchase of a 2016
MERCEDES-BENZ and as part of the transaction obtained a security interest in the vehicle. A
copy of the security agrccment grmñlag a lien on the vehicle along with acknowledgment of the lien
by Respondent is attached hereto as Exhibit 1.
5. Petitioner has discovered that itslien was not recorded on the vehicle title as required by
the purchase money security agreement. See Exhibit 2
6. Petitioner has attempted to have Respondent record Petitioner's lien with no cooperation.
7. Petitioner is entitled to have its security interest recorded based upon the express
provisions of the security agreement which state in the section entitled:
YOUR PROMISES ABOUT OUR SECURITY INTEREST:
You will assist us in having our security interest noted on the
Certificate of Title to the Vehicle, including signing documcats
that we believe are necessary to protect our security interest in
the Vehicle.
8. Additionally, Section 2118 of the New York Vehicle and Traffic Law clarifies that a
purchase money security interest in a vehicle shall be entitled to receive perfected status as of the
date the security agreement is executed. Pursuant to Section 2118, Petitioner's perfected status is
effective as of date the security agreement, which was signed August 23, 2018.
9. Based upon the documentary evidence submitted herewith, Petitioner has presented
adequate proof of itslegitimate lien interest in the vehicle to warrant the relief sought. There are no
other parties who have any interest in this proceeding.
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FILED: ALBANY COUNTY CLERK 09/01/2021 01:03 PM INDEX NO. 907736-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/01/2021
WHEREFORE, Petitioner prays for an order and judgment directing Respondent the New
York State Departñiêñt of Motor Vehicles to record Petitioner's security interest on the titleto the
Subject Vehicle, upon appropriate application by Petitioner.
PETI R
By: Law offleés of R:de!ph J. Meola
1822 West In Avenue
Albany ew York 12203
\(518 13-2030
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FILED: ALBANY COUNTY CLERK 09/01/2021 01:03 PM INDEX NO. 907736-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/01/2021
CORPORATE VERIFICATION
STATE OF NEW YORK)
COUNTY OF ERIE) ss.:
Catherine Kader, being duly sworn, deposes and says:
I am duly authorized by M& T Bank, the petitioner/complaint in the within action; I have
read the foregoing petition and complaint and know the contents thereof and the same istrue to my
own knowledge except as to the maticts therein stated to be alleged upon infhrmation and belief,
and as tothose matters I believe itto be true.
This verification is made by me because the petitioner is a corporation and I am a duly
aüÎÜüÙZ©d to execute thisverification as part ofmy regular employment duties.
The grounds of my belief as to the matters not stated upon my knowledge are the books and
records of the corporation.
CATHERIÑE KADER
STATE OF NEW YORK).
COUNTY OF ERIE) ss.:
On this day of in the year 2021 before me, the undersigned, personally appeared Catherine
Kader, the subscribing witncis to the foregoing instrument, with whom I am personally acquainted,
who, being me duly sworn, did depose and say thathe/she iscurrently inthe City described
by
below; that he/she knows said witness to be the individual described in and who executed the
foregoing instrument; that said subscribing witness was present and saw said witness execute the
same; that said witness at the same time subscribed his/her name as a witness thereto;and that said
subscribing witness made such appearance before the undersigned in Getzville, NY.
The undersigned does hereby certify that he/she is a person duly authorized to administer an oath
[for purposes of acknowledging the signing of a legalaffidavit or document] under one ormore of
the following: a) the Law of New York, b) the Law of The United States,c) the Law of the State of
New York, USA. The undersigned does hereby certifythat he/she admidstered to the subscribing
witness an oath of a form -aküiated to awaken the conscience and impress upon the mind of the
subscribing witness that the statements so made by the subscribing witness are the truthful and
accurate. The undersign certifies thatthe acknowledgment of the subscribing witness was taken in
the manner prescribed by such law hereinabove described; and that itduly conforms with such laws
and isin allrespects valid and effective in such state.
RY PUBLIC
J§NNIFER MEIGS
NOTARY PUBLIC STATE OF NEW YORK
NIAGARA GOUNTY
LIC. #01ME8419180
COMM. EXP. 06/28/2025
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Document Filed Date
September 01, 2021
Case Filing Date
September 01, 2021
Category
Special Proceedings - Other (Title Transfer)
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Preview
FILED: ALBANY COUNTY CLERK 09/01/2021 01:03 PM INDEX NO. 907736-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/01/2021 STATE OF NEW YORK SUPREME COURT ALBANY COUNTY _______ _______ __ ___________________ In the Matter of the: Special Proceeding Application of M&T BANK, Petitioner, PETITION -against- One 2016 MERCEDES-BENZ, V1N: 55SWF4KB5GU107781, defendant-in-rem, MAMADY KEITA and THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondents. _ __ . ..... ___________________. M&T Bank the Petitioner herein, states: 1. Petitioner is a corporation duly authorized to transact business in the State of New York. INTRODUCTION 2. Petitioner seeks an order and judgment directing Respondent The New York State Department of Motor Vehicles to record a lien in Petitioner's favor on a specific vehicle which is sübject to a security agreement held by Petitioner. 3. The New York State Department of Motor Vehicles is named as a Respondent in its administrative capacity for nurooses of ensuring that the Department has actual notice_and the opportunity to be heard on Petitioner's demand that Petitioner's lien be recorded on the titlerecords to the Subject Vehicle. No damages of any kind are sought against the Department of any division of the State of New York. 1 of 4 FILED: ALBANY COUNTY CLERK 09/01/2021 01:03 PM INDEX NO. 907736-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/01/2021 BACKGROUND 4. On or about August 23, 2018, Petitioner provided purchase money financing for Respondent MAMADY KEITA (hercinafter "Respondent") for use in purchase of a 2016 MERCEDES-BENZ and as part of the transaction obtained a security interest in the vehicle. A copy of the security agrccment grmñlag a lien on the vehicle along with acknowledgment of the lien by Respondent is attached hereto as Exhibit 1. 5. Petitioner has discovered that itslien was not recorded on the vehicle title as required by the purchase money security agreement. See Exhibit 2 6. Petitioner has attempted to have Respondent record Petitioner's lien with no cooperation. 7. Petitioner is entitled to have its security interest recorded based upon the express provisions of the security agreement which state in the section entitled: YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will assist us in having our security interest noted on the Certificate of Title to the Vehicle, including signing documcats that we believe are necessary to protect our security interest in the Vehicle. 8. Additionally, Section 2118 of the New York Vehicle and Traffic Law clarifies that a purchase money security interest in a vehicle shall be entitled to receive perfected status as of the date the security agreement is executed. Pursuant to Section 2118, Petitioner's perfected status is effective as of date the security agreement, which was signed August 23, 2018. 9. Based upon the documentary evidence submitted herewith, Petitioner has presented adequate proof of itslegitimate lien interest in the vehicle to warrant the relief sought. There are no other parties who have any interest in this proceeding. 2 of 4 FILED: ALBANY COUNTY CLERK 09/01/2021 01:03 PM INDEX NO. 907736-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/01/2021 WHEREFORE, Petitioner prays for an order and judgment directing Respondent the New York State Departñiêñt of Motor Vehicles to record Petitioner's security interest on the titleto the Subject Vehicle, upon appropriate application by Petitioner. PETI R By: Law offleés of R:de!ph J. Meola 1822 West In Avenue Albany ew York 12203 \(518 13-2030 3 of 4 FILED: ALBANY COUNTY CLERK 09/01/2021 01:03 PM INDEX NO. 907736-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/01/2021 CORPORATE VERIFICATION STATE OF NEW YORK) COUNTY OF ERIE) ss.: Catherine Kader, being duly sworn, deposes and says: I am duly authorized by M& T Bank, the petitioner/complaint in the within action; I have read the foregoing petition and complaint and know the contents thereof and the same istrue to my own knowledge except as to the maticts therein stated to be alleged upon infhrmation and belief, and as tothose matters I believe itto be true. This verification is made by me because the petitioner is a corporation and I am a duly aüÎÜüÙZ©d to execute thisverification as part ofmy regular employment duties. The grounds of my belief as to the matters not stated upon my knowledge are the books and records of the corporation. CATHERIÑE KADER STATE OF NEW YORK). COUNTY OF ERIE) ss.: On this day of in the year 2021 before me, the undersigned, personally appeared Catherine Kader, the subscribing witncis to the foregoing instrument, with whom I am personally acquainted, who, being me duly sworn, did depose and say thathe/she iscurrently inthe City described by below; that he/she knows said witness to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said witness execute the same; that said witness at the same time subscribed his/her name as a witness thereto;and that said subscribing witness made such appearance before the undersigned in Getzville, NY. The undersigned does hereby certify that he/she is a person duly authorized to administer an oath [for purposes of acknowledging the signing of a legalaffidavit or document] under one ormore of the following: a) the Law of New York, b) the Law of The United States,c) the Law of the State of New York, USA. The undersigned does hereby certifythat he/she admidstered to the subscribing witness an oath of a form -aküiated to awaken the conscience and impress upon the mind of the subscribing witness that the statements so made by the subscribing witness are the truthful and accurate. The undersign certifies thatthe acknowledgment of the subscribing witness was taken in the manner prescribed by such law hereinabove described; and that itduly conforms with such laws and isin allrespects valid and effective in such state. RY PUBLIC J§NNIFER MEIGS NOTARY PUBLIC STATE OF NEW YORK NIAGARA GOUNTY LIC. #01ME8419180 COMM. EXP. 06/28/2025 4 of 4