HSBC Bank USA v Amagli

[*1] HSBC Bank USA v Amagli 2008 NY Slip Op 50350(U) [18 Misc 3d 139(A)] Decided on February 26, 2008 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 26, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P. and RIOS, J.
2006-2138 Q C

HSBC Bank USA, National Association, Respondent,

against

Andreas Amagli, Appellant.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Charles J. Markey, J.), entered June 29, 2006. The judgment, entered pursuant to an order granting plaintiff partial summary judgment, awarded plaintiff the principal sum of $14,521.07.

Judgment reversed without costs, order granting plaintiff partial summary judgment vacated and plaintiff's motion for summary judgment denied.

Plaintiff commenced this action to recover upon an unpaid motor vehicle retail installment contract, which contract had been assigned to it. Plaintiff seeks to recover a deficiency judgment, claiming that the vehicle was repossessed and sold at what plaintiff states was a public auction. Plaintiff's motion for summary judgment was granted to the extent of awarding it partial summary judgment. A judgment in the sum of $14,521.07 was subsequently entered in favor of plaintiff.

Plaintiff's moving papers were insufficient to establish a prima facie entitlement to recover a deficiency judgment since plaintiff failed to establish that the notice of sale was reasonable (UCC 9-613) and that the vehicle, as collateral, was disposed of in a commercially reasonable manner (see UCC 9-610; Mack Fin. Corp. v Knoud, 98 AD2d 713 [1983]; Dime Sav. Bank of N.Y., F.S.B. v Harpal, 4 Misc 3d 134[A], 2004 NY Slip Op 50758[U] [App Term, 2d & 11th Jud Dists 2004]). Accordingly, the judgment is reversed and plaintiff's motion for summary judgment is denied.

Weston Patterson, J.P. and Rios, J., concur.
Decision Date: February 26, 2008