Sheridan Suzuki, Inc. v. Caruso Auto Sales

110 Misc.2d 823 (1981)

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Sheridan Suzuki, Inc. v. Caruso Auto Sales

Supreme Court of New York
110 Misc.2d 823 (1981)

Facts

Sheridan Suzuki (plaintiff) took a check for nearly $3,600 from Ronald Bouton for the purchase price of a new motorcycle. Sheridan signed the registration over to Bouton and then applied to the state of New York for an original title certificate. Shortly after the purchase, Bouton approached Caruso Auto Sales (defendant) and offered to sell Caruso the motorcycle for significantly less than its retail value. Caruso reviewed the registration and sale documents and contacted Sheridan to confirm the transaction. After receiving verbal confirmation of the sale, Caruso paid Bouton $2,000 and took possession of the motorcycle. Bouton signed over the registration and promised to give Caruso the original title certificate once received. The original title certificate never issued, however, because Bouton’s check to Sheridan Suzuki bounced. Sheridan brought suit to recover the motorcycle and both parties moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Sedita, J.)

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