What is the time limitations to sue a NYS Registed Boat dealer in Small Claims Court

[hayhurst]

I would like to know the time status to sue a boat dealer for my deposit and expences incurred in puchasing a used boat from him. He is located in upstate Ny and I am in Brooklyn. He knowingly took my deposit, when he did not have proper ownership papers from the proior owner and there was a blanket lien on the boat. I had reported it to the dmv and the hearing was held in his home town. His lawyer made a statement to the judge and the judge said he could not have him make any restution because it was not under his jursidiction and all the charges against him were dropped with the charges against him stating everything on his part was a misunderstanding, and the matter should be taken to small claims court. My deposit and expences came to about 3000.00 or more.
I was told the statue of limitations was three years.

 

[Michael Wechsler]

A couple of things:
1) Small claims must usually be brought (in my experience) in the jurisdiction of the defendant. The defendant here lives upstate and would not be subject to the jurisdiction of the New York City courts unless the defendent consented. You may need to file up there. Where was your case filed when it was first dismissed for lack of jurisdiction over the defendant?
2) I think that the statute of limitations for breach of warranty/contract is 4 years, as is set by the Uniform Commercial Code (UCC2-725) which NY CPLR adheres to (Civil Practice Law and Rules). However, I would also argue fraud -- it appears that the defendant may never have intended to sell you a boat he knew he couldn't sell, but rather take your money. In that case I think the statute of limitations is 6 years from the date of the fraud or 2 years from the date you discovered the fraud, whichever longer. (I think it's CPLR 203(f) ). The UCC has discovery accrual for certain instances too in some instances.

 

[hayhurst]

A DMV inspector brought the charges against him., after I put in a complaint about the incident. The hearing was held in his home town upsate. The charges were fruad because he advertised the boat on the internet as an 1981 when in reality it was a 1978 and never advertised that he had a dealer's licence, and also that he kept my deposit.
He has an auto colision shop and is also has a boat dealer's licence. He had this boat at his home and used it for 12 years. He also had two other boats and switched the tags on which ever one he wanted to use one. He had no showroom or place to sell boats. The first inspector never even contacted me and I put in another complient, and was assigned another inspector who prusuaded the matter.
The hearing ws was held upstate in his home town near where his business was. We had to go there to testify.
The judge didn't seem to know too much about boating laws and documation procudure, as he stated he never had a case like this before.
He claimed there were no liens on the boat and the loan company found that his x-wife had a lien on his business including all machinery, boats. etc.
He had documantation papers from the prior deceased owner and never had them transfered to his name. There nerver was a ny Registration. All he had was a Bill of Sale from a broker. No legal papers that the boat was his.
He didn't even have a proper form for a deposit receipt.
When judge questioned him, he said he didn't know he had to have certain things. The boat was seen and documented, and these tranactions took place at his summer home.
I even sent him a demand letter detailing the whole event, requesting by deposit back, but he ignored it completely.

 

[Michael Wechsler]

So what was the result of your case? I don't understand how the judge could dismiss the case for lack of jurisdiction if that is what happened.

 

[hayhurst]

The judge dismissed the charges (he was a judge from the dmv), said it was not under his juristication to order restitution and to take the matter to civil court.

 

[Michael Wechsler]

Originally posted by hayhurst:
The judge dismissed the charges (he was a judge from the dmv), said it was not under his juristication to order restitution and to take the matter to civil court.

You may need to do that or go to small claims there if the total amount is around 3,000 dollars. Hopefully it isn't too late to file and get back what you should.