Coxall v. Clover Commerical Corp.

781 N.Y.S.2d 567 (2004)

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Nature of the Case

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Facts

On October 21, 2002, P purchased a 1991 model Lexus automobile, executing a Security Agreement. P made a 'cash down payment' of $3,798.25 and financed the balance of $4,970. The contract was assigned to D. P was to make monthly payments of $333.68 each, beginning November 21, 2002. No payments were made because P experienced mechanical difficulties with the vehicle soon after purchase. On February 19, 2003, D took possession of the vehicle, and on the next day mailed two letters to P. P could redeem the vehicle with a payment of $5,969.28, exclusive of storage charges and a redemption fee and D gave notice that the vehicle would be offered for private sale after 12:00 noon on March 3, 2003. On March 3, 2003, the Lexus was sold back to the original seller for $ 1,500. On April 22, 2003, D wrote demanding the 'remaining balance' of $4,998.09. P sued D seeking damages of $8,000 with interest for wrongful repossession. D sued P seeking $4,630.62 with interest from October 21, 2002, plus reasonable attorney fees.