CHRYSLER CREDIT CORPORATION v. SIMCHUK


258 A.D.2d 349 (1999)

685 N.Y.S.2d 236

CHRYSLER CREDIT CORPORATION, Respondent, v. VITALY SIMCHUK et al., Defendants, and NEW YORK CITY PARKING VIOLATIONS BUREAU et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 18, 1999.


We agree with the IAS Court that the municipal defendants are liable for the full amount of the sale proceeds. It being undisputed that plaintiff, as a secured creditor, had a superior interest in the subject vehicle to municipal defendants, whose judgment lien arose out of unpaid parking violations, plaintiff was entitled to the satisfaction of its lien prior to municipal defendants' satisfaction of its judgment, and the sale of the vehicle by municipal defendants was improper...

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