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FITZPATRICK v. BANK OF NY

118 Misc.2d 771 (1983)

Anthony Fitzpatrick, Plaintiff, v. Bank of New York, Defendant.

Civil Court of the City of New York, Queens County.

April 7, 1983

Attorney(s) appearing for the Case

Richard C. Thompson for defendant. Leonard H. Kaplan for plaintiff.

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.

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