Baran v. Weitsman's Scrap Yard

47 Misc. 3d 512, 2 N.Y.S.3d 877
CourtJamestown City Court
DecidedJanuary 27, 2015
StatusPublished
Cited by2 cases

This text of 47 Misc. 3d 512 (Baran v. Weitsman's Scrap Yard) is published on Counsel Stack Legal Research, covering Jamestown City Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baran v. Weitsman's Scrap Yard, 47 Misc. 3d 512, 2 N.Y.S.3d 877 (N.Y. Super. Ct. 2015).

Opinion

OPINION OF THE COURT

Frederick A. Larson, J.

This appears to be a case of first impression as to the liability of a vehicle scrap processor, when accepting a stolen vehicle from a thief who executes Department of Motor Vehicles (DMV) form MV-35, in lieu of presenting a certificate of title.

Charles Sanford, a Pennsylvania resident, thief and, as of October 1, 2014, accused murderer, presented a functioning 1991 Ford F150 pickup truck to the defendant on August 12, 2014.1 Although Sanford presented a Pennsylvania photo ID, the vehicle had a current New York registration and a current New York inspection sticker on it.

The vehicle was, in fact, owned by the plaintiff, a New York resident, and was stolen on August 12, 2014 from the plaintiffs vineyard in the quaint and ordinarily serene Village of West-field. Witnesses reported seeing Sanford and his accomplice driving the vehicle through the Westfield Cemetery and heading south on Route 430, a road that, if followed, leads into the City of Jamestown. At about 3:15 p.m., Sanford showed up at the defendant’s scrapyard within the City of Jamestown, executed a DMV form MV-35 (since he did not, of course, possess a valid title certificate), presented a Pennsylvania photo ID and sold the vehicle to the defendant for the sum of $478.45. The vehicle was crushed before the plaintiff could discover its whereabouts. At trial, the uncontested evidence was that the vehicle was worth at least $5,000.2

Although the defendant now argues, based upon counsel’s January 15, 2015 letter to the court, that the vehicle had no “Blue Book” value, such contention is both dehors the record and well outside the bounds of what the court had authorized in terms of a posttrial memorandum of law by December 16, [514]*5142014. At trial, defendant offered no evidence as to any effort the defendant actually made to verify that the vehicle was worth $1,250 or less as required by the Commissioner’s regulations.

As to the proper legal name of the defendant, the court takes judicial notice of facts gleaned from the New York State Department of Motor Vehicles’ website as well as the New York State Department of State, Division of Corporations’ website (see CPLR 4511 [b]; Mendoza v Mortlen Realty Corp., 88 AD3d 611, 612 [2011]). The court finds that “Ben Weitsman & Son of Jamestown, LLC” is listed on the Division of Corporations’ website as an active, domestic limited liability company, and listed on the DMV website as a DMV-regulated scrap processor. Accordingly, pursuant to Uniform City Court Act § 1814 (c), the defendant’s true name is determined to be “Ben Weitsman & Son of Jamestown, LLC.” The clerk of the court is directed to amend all papers in this action to conform to that finding.

Discussion

Vehicle and Traffic Law § 429 (1) (c) provides, in pertinent part, that whenever a person acquires ownership of a motor vehicle which has been sold as junk or salvage scrap, such person shall deliver a statement concerning such acquisition to the Commissioner of Motor Vehicles. Such persons are required to “prepare and distribute a statement of acquisition in accordance with regulations promulgated by the commissioner” (Vehicle and Traffic Law § 429 [2]), using such forms as may be “prescribed by the commissioner” (Vehicle and Traffic Law § 429 [4]).

15 NYCRR 81.1 (b) (8) identifies several DMV-acceptable forms of proof of ownership for junk or salvage vehicles, the last of which is “(vi) in the case of a vehicle eight or more model years old, and worth $1250 or less, form MV-35, signed and properly completed by the owner of the vehicle” (emphasis added).3

15 NYCRR 81.8 (a) (3) sets forth a “procedure” to be followed by scrap processors: “A scrap processor must take possession of any certificate of title or form MV-35 used as proof of ownership of a vehicle the scrap processor is buying. The scrap pro[515]*515cessor must send certificates of title and completed forms MV-35 to the Department of Motor Vehicles within 15 days.”4

Vehicle and Traffic Law § 429 is derived from chapter 880 of the Laws of 1970, which, among other things, added new sections to the Penal Law, making it a felony to destroy or remove a vehicle identification number (VIN), affix an improper VIN to a vehicle or illegally possess a VIN. The unmistakable legislative intent was to “provide a system which would prevent the use of junked vehicles in assisting in traffic of stolen vehicles” (Mem of State Dept of Motor Vehicles, 1970 McKinney’s Session Laws of NY at 3009). Chapter 880 of the Laws of 1970 reflected an awareness that “[a] large segment of the traffic in stolen motor vehicles is based upon the use of vehicle identification number plates and proofs of ownership belonging to vehicles which have been junked” (id.).

As Barbara J. Fiala, the former DMV Commissioner, recently stated:

“With regard to our MV-35, it was created pursuant to section 429 of the Vehicle and Traffic Law to provide owners of older vehicles a lawful means of disposing them as ‘scrap’ based on its age and value . . . without having to incur the cost and time necessary to obtain a title document” (Letter of Commissioner Barbara J. Fiala to New York State Assemblyman Andrew Goodell, Oct. 23, 2014 [emphasis added]).

Recognizing MV-35’s potential to be “misused by some unscrupulous people,” DMV has endeavored to “minimize the misuse of the MV-35 . . . [by] increasing the vehicle value from $750 to $1,250, requiring the possessor to present photo identification . . . and requiring the scrapyard to upload the vehicle VIN to the National Motor Vehicle Title Information System (NMVTIS)” (id.).

That potential for misuse has not escaped the notice of the media. For example, the New York Times recently reported that while new car theft is down,

[516]*516“auto thefts have unexpectedly risen — a trend the police say is driven almost entirely by thieves targeting the oldest and heaviest vehicles they can find. . . . The reason, the police say, is that a quirk in state law allows older, nearly worthless vehicles to be sold as junk with the barest of paperwork. . . . Tb make it easier to clear the streets of unwanted cars, the state no longer required someone seeking to junk a vehicle at least eight years old and worth less than $1,250 to have the title to the car . . . forms known as the MV-35 and the MV-37 could serve as proxy for a title.” (J. David Goodman, For Car Thieves, the Older and Heavier the Ride, the Better, NY Times, Apr. 8, 2014.)

Contrary to the defendant’s contention, form MV-35 does not immunize a scrap processor from suit by the rightful owner for scrapping a vehicle stolen from the owner nor does it provide an affirmative defense. The statute, in no way, shape or form, abrogates the common-law rules that an innocent purchaser takes no title from a thief (Green v Wachs, 254 NY 437 [1930]; DiLorenzo v General Motors Acceptance Corp., 29 AD3d 853 [2d Dept 2006]) and that a bona fide purchaser from a thief is liable in conversion to the thief s victim (Gruntal v United States Fid. & Guar. Co., 254 NY 468 [1930]; see Williams & Chapin v Merle, 11 Wend 80 [1833]; Candela v Port Motors, 208 AD2d 486 [2d Dept 1994]; Johnny Dell, Inc. v New York State Police,

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Bluebook (online)
47 Misc. 3d 512, 2 N.Y.S.3d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baran-v-weitsmans-scrap-yard-nyjamescityct-2015.