Kelley Kronenberg Attorney Amanda Rosenberg and Partner Jesse Siegel secured dismissal with prejudice for their car dealership client in a motor vehicle personal injury action in Supreme Court, Bronx County, after plaintiff’s counsel initially refused to voluntarily discontinue despite clear documentary evidence. 

The case arose when a plaintiff alleged injuries sustained as a passenger on an MTA bus that was struck by a vehicle on October 26, 2023, in Bronx County. The plaintiff filed suit against multiple defendants, including the car dealership, broadly alleging various forms of negligence. 

However, the dealership had sold the subject vehicle to the operator one day before the accident on October 25, 2023. Despite this clear fact, plaintiff’s counsel refused repeated good-faith requests between February 2025 and June 2025 to voluntarily discontinue the claims against the dealership, forcing Amanda and Jesse to file a motion to dismiss under CPLR § 3211(a)(7) for failure to state a cause of action. 

Amanda and Jesse assembled comprehensive documentary evidence establishing the complete transfer of ownership, possession, and control of the vehicle before the accident. New York courts recognize that ownership of a motor vehicle passes when the parties intend to transfer and the buyer takes delivery, irrespective of DMV registration timing. Courts look to three key indicia: (1) whether a purchase price was paid, (2) whether there was a bill of sale, and (3) whether the purchaser’s name was listed on title documents. 

The motion presented an entire chain of contemporaneous business documents proving all three elements were satisfied on October 25, 2023, one day before the accident: 

  • A Bill of Sale identifying the dealership as seller and the buyer as purchaser, conveying full ownership 
  • An MV-50 Retail Certificate of Sale, the official New York DMV ownership transfer form 
  • A Retail Purchase Agreement signed by the buyer memorializing the transaction terms and delivery obligations 
  • A Deposit Receipt evidencing payment toward the purchase price 
  • A Temporary Insurance Card issued to the buyer in his own name on October 25, 2023 
  • New York State DMV Records independently verifying the ownership transfer 

These documents were authenticated through a sworn affidavit from the dealership’s Legal Operations Manager, who confirmed that as of October 25, 2023, the dealership no longer had any ownership interest, possession, control, or responsibilities regarding the vehicle. 

Amanda and Jesse’s motion demonstrated that under New York Vehicle and Traffic Law § 2113(c), an owner who has delivered possession of a vehicle to a bona fide transferee is not deemed an owner. Courts consistently hold that liability under VTL § 388 cannot attach to a party who transferred title, ownership, and possession prior to an accident, even if registration paperwork lags behind. 

The motion cited precedent including Godfrey v. G.E. Capital Auto Lease, Inc. (1st Dep’t 2011), which held a seller not liable once title and possession transferred, and Dallura v. Rubicco (2d Dep’t 2004), which confirmed that once a seller delivers a vehicle and divests possession, they cannot be deemed an “owner” even if registration remains in the seller’s name. 

Following the filing of the comprehensive motion to dismiss and the co-defendant operator’s admission to ownership on the date of the accident, plaintiff’s counsel had no choice but to discontinue all claims against the dealership with prejudice. 

This victory demonstrates the effectiveness of thorough documentary evidence and decisive motion practice when facing improper defendants in motor vehicle cases. For car dealerships and vehicle sellers, this case reinforces that comprehensive documentation of sales transactions—including bills of sale, DMV transfer forms, purchase agreements, and insurance cards—provides ironclad protection against liability for post-sale accidents. The case also highlights the importance of pursuing dismissal motions when plaintiffs refuse reasonable voluntary discontinuances, particularly in pro-plaintiff venues like Bronx County. 

 

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