IHEBINANDU v. DAVID MALTZ CO.

2018-2371 S C.

65 Misc.3d 50 (2019)

112 N.Y.S.3d 866

2019 NY Slip Op 29329

IJEOMA J. IHEBINANDU et al., Respondents, v. DAVID R. MALTZ & CO., INC., Appellant.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial District.

Decided October 24, 2019.


Attorney(s) appearing for the Case

David R. Maltz & Co., Inc., appellant pro se.

Ijeoma J. Ihebinandu, respondent pro se.

Morris Ezumah, respondent pro se.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is affirmed, without costs.

In this small claims action, plaintiffs seek to recover the principal sum of $5,000. At a nonjury trial, it was established that defendant, an auctioneer acting as an agent for the New York State Department of Taxation and Finance (NYSDTF), had sold plaintiffs a vehicle which the NYSDTF had seized pursuant to a tax lien, based on plaintiffs' "high bid" at auction...

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