Opinion
2005-35 Q C.
Decided September 16, 2005.
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Howard G. Lane, J.), entered June 21, 2004. The judgment awarded plaintiff, after a non-jury trial, the principal sum of $2,800.
Judgment unanimously reversed without costs and action dismissed.
PRESENT: PATTERSON, J.P., RIOS and BELEN, JJ.
The sale of the motor vehicle to plaintiff contained no warranty of title, express or implied, by the Marshal acting in his individual capacity ( see generally UCC 2-312 , Comment 5; Travitsky v. Oysterman's Dock Co., 65 AD2d 554). We likewise find no basis for any claim sounding in negligence as a result of the Marshal's sale pursuant to his official duties. Plaintiff may, however, seek restitution from the judgment creditor, the City of New York, pursuant to CPLR 5237. Accordingly, in this small claims action, substantial justice requires that the action be dismissed.