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Coxall v. Clover Commercial Corp.

Civil Court of the City of New York
781 N.Y.S.2d 567 (2004)


Facts

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

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Issue

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Holding and Reasoning (Battaglia, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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