Coxall v. Clover Commercial Corp.
Civil Court of the City of New York
781 N.Y.S.2d 567 (2004)
Jason Coxall (Jason) (plaintiff) and Utho Coxall bought a car from Jafas Auto Sales (Jafas) for $8,100 on October 21, 2002. The Coxalls made a down payment of $3,798 and financed the remainder of the purchase price. The loan was assigned to Clover Commercial Corp. (Clover) (defendant). Jason had mechanical problems and made no payments. On February 19, 2003, Clover peacefully repossessed the car. Clover mailed two letters to Jason, explaining how to redeem the car and that if he failed to do so the car would be sold privately on March 3. Clover then sold the car back to Jafas for $1,500 and sent Jason a letter demanding payment of the “remaining balance.” Jason sued Clover for illegally repossessing the car. Clover sued the Coxalls, requesting $4,630.62, plus interest and attorneys fees. There were numerous delays, default judgment was entered against the Coxalls and vacated against Jason, and the actions were finally joined. Jason offered no evidence for why he should be able to avoid the purchase agreement. Clover offered no evidence of the commercial reasonableness of the sale.
Rule of Law
Holding and Reasoning (Battaglia, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.