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GMAC v. VUCICH

15 A.D.3d 106 (2005)

787 N.Y.S.2d 745

GENERAL MOTORS ACCEPTANCE CORPORATION, Appellant-Respondent, v. JOHN J. VUCICH, Also Known as JOHN J. VUCICH, Respondent-Appellant. (Action No. 1.) GENERAL MOTORS ACCEPTANCE CORPORATION, Appellant-Respondent, v. JOHN J. VUCICH, Also Known as JOHN VUICH, Respondent-Appellant. (Action No. 2.) JOHN J. VUCICH et al., Respondents-Appellants, v. GENERAL MOTORS ACCEPTANCE CORPORATION, Also Known as GMAC, Appellant-Respondent, and TRI-CITY AUTO RECOVERY, INC., et al., Respondents. (Action No. 3.)

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

January 20, 2005.

Attorney(s) appearing for the Case

Miller & Meola, Albany (Rudolph J. Meola of counsel), for appellant-respondent.

Steven M. Melley, Rhinebeck, and Albert R. Trezza, Red Hook, for respondents-appellants.

Roche, Corrigan, McCoy & Bush, Albany (Peter J. Corrigan of counsel), for Tri-City Auto Recovery, Inc., respondent.

Pemberton & Briggs, Schenectady (Paul Briggs of counsel), for Paul A. Vosteen, respondent.

CREW III, J.P., CARPINELLO, ROSE and KANE, JJ., concur.

OPINION OF THE COURT

PETERS, J.

In 1999, John Vucich entered into retail installment contracts for the purchase of two vehicles. Upon his default, General Motors Acceptance Corporation (hereinafter GMAC), to which these contracts were assigned, hired Tri-City Auto Recovery, Inc. to repossess them. During the repossession, Paul A. Vosteen, an employee of Tri-City, became involved in a physical altercation with Vucich.

Three separate lawsuits ensued...

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