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Judge Harberson http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=44463 DEFENDANT TOWER failed to comply with Lien Law §184(2) by not sending notice to plaintiff vehicle owner within five days. In Phillips v. Catania, a garage person failed to comply with Lien Law §184(1) with respect to storage fees on a car being repaired by refusing to return it when its owner tendered payment for the repair bill. The Phillips court found that the garage person’s refusal to surrender the car unless its owner paid storage charges was a conversion. Although plaintiff had arranged to pay defendant’s $100 towing charge, defendant refused to release her vehicle until she paid a $100 storage fee. Based on Phillips, the court found that because defendant failed to comply with the notice requirements of Lien Law §184(2), defendant did not have a valid lien and converted the vehicle by refusing to release it unless the $100 storage charge was paid. The court awarded plaintiff $100 damages and also awarded defendant a $100 towing fee pursuant to §184(2) notwithstanding its conversion.

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