IN THE MATTER OF NATIONAL UNION FIRE INSURANCE COMPANY, APPELLANTv. ELAND
MOTOR CAR COMPANY, RESPONDENT
85 N.Y.2d 725, 651 N.E.2d 1257, 628 N.Y.S.2d 238 (1995).
June 7, 1995
2 No. 87 (1995 NY Int. 125)
Decided June 7, 1995
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Robert G. Cucinell, for Appellants.
David W. Silverman, for Respondent.
TITONE, J.:
The question presented on this appeal is whether a garage owner's
personal performance of certain non-repair services for an automobile
owner precluded the garage from asserting a lien on the vehicles
pursuant to Lien Law § 184(1) for the amount owed to the garage
strictly for vehicle maintenance, repair and storage. Because we
conclude that defendant garage owner's additional services for the car
owner did not operate to defeat the garage's right to assert such a
lien, we reverse and remand for a determination of the amount of the
lien.
I
International Automobiles, Ltd. was a company engaged in the sale and
purchase of "collectors'" cars. In 1975, International employed
respondent Eland Motor Car Company, a registered automotive repair
shop, and its principal, respondent Andrew Bach, to restore, repair,
maintain and store its collection of vehicles. Bach received a monthly
fee of $4,000 for overseeing the collection as well as a 10% finder's
fee for any cars he located for International and an additional 10%
commission, both to be paid to Bach at the time of the sale of any
such car. Over time, International ceased paying Eland and Bach for
their services. In 1988, Eland asserted a garage owner's lien pursuant
to Lien Law § 184(1) on the International vehicles still in its
possession for the portion of the outstanding debt pertaining solely
to the garage services.
Eland arranged to conduct a garage keeper's lien sale in November
1988 to sell several of International's cars remaining in its
SNIPPETS:
David W. Silverman, for Respondent.
The question presented on this appeal is whether a garage owner's personal performance of
In 1975, International employed respondent Eland Motor Car Company, a registered automotive
Bach received a monthly fee of $4,000 for overseeing the collection as well as a 10% finder's
Eland asserted a garage owner's lien pursuant to Lien Law § 184on the International vehicles
Eland arranged to conduct a garage keeper's lien sale in November 1988 to sell several of
Meanwhile, in separate and unrelated federal actions, petitioner National Union Fire
Eland conducted a sale of the vehicles on June 7, 1990 pursuant to Supreme Court order and
The court directed that National Union satisfy its judgments from the proceeds of the sale of
the court noted that Eland and Bach collectively oversaw the purchase and sale of the
CPLR § 5225permits a judgment creditor to seek satisfaction of the debtor's obligation by
That section, pertaining to the lien of a bailee of motor vehicles, provides in pertinent
m is paid * * *", ).
Accordingly, the order of the Appellate Division, insofar as appealed from, should be
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