Santander Consumer USA, Inc. v. The City of Yonkers
- Kenneth Karas
- 7:20-cv-04553
- U.S. District Court · Southern District of New York
- 5
In Santander v. The City of Yonkers, Judge Karas denied Mensah’s damages motion without prejudice and reserved decision on her attorneys’ fees motion.
Kate A. Mensah may submit supporting documentation to pursue damages measured by the car’s fair market value at the time and place of conversion. Santander, the City of Yonkers, A.P.O.W. Towing, LLC, and Harold Wuestenhoefer remain involved in the case; the attorneys’ fees issue was not decided.
What happened
In Santander Consumer USA, Inc. v. The City of Yonkers, Santander and intervening plaintiff Kate A. Mensah sued Yonkers, A.P.O.W. Towing, LLC, and Harold Wuestenhoefer over the seizure of their car. Mensah asked the court to rule on the damages owed for her conversion claim.
The court held that New York law measures conversion damages by the car’s fair market value at the time and place of the conversion. It also rejected the argument that Mensah could not recover that value because Santander had an unresolved claim against her. But Mensah supported her requested amount only with a J.D. Power valuation and provided no evidence about the car’s condition, which courts require when valuing a converted vehicle.
Judge Karas denied Mensah’s motion for summary judgment on damages without prejudice to submitting supporting documentation. The court reserved decision on her motion for attorneys’ fees and scheduled a status conference.
The detailed version
- Santander Consumer USA, Inc. v. The City of Yonkers · No. 7:20-cv-04553
- Kenneth Karas
- Apr. 1, 2024
Background
Santander Consumer USA, Inc. and intervening plaintiff Kate A. Mensah brought claims under 42 U.S.C. § 1983 and state law against the City of Yonkers, A.P.O.W. Towing, LLC, and Harold Wuestenhoefer. The claims arose from the seizure of a car. The court considered Mensah’s motion for summary judgment on damages and her separate motion for attorneys’ fees.
Damages Standard
Mensah argued that her conversion damages should be measured by the car’s fair market value at the time and place of the conversion. The court agreed that this is the correct measure under New York law. The court also concluded that Mensah’s right to seek the car’s fair market value was not defeated by Santander’s unresolved claim against her. Citing Second Circuit and New York authority, the court explained that a person with an immediate superior right to possess property may recover conversion damages even when that person’s ownership is disputed.
Proof of Amount
Mensah relied on a January 20, 2020 J.D. Power valuation of $19,975. The court held that she had not provided supporting evidence about the vehicle’s condition. New York courts require evidence such as the vehicle’s condition and mileage when a party seeks to establish the value of a converted motor vehicle. Because the record lacked that supporting documentation, the court could not grant the damages motion on the submitted proof.
Disposition
Judge Kenneth M. Karas denied Mensah’s motion for summary judgment on damages without prejudice to her ability to submit documentation concerning the vehicle’s condition. The order did not state a damages amount. The court continued to reserve decision on Mensah’s motion for attorneys’ fees and scheduled a status conference for May 17, 2024.
Result
The order establishes the applicable damages measure for Mensah’s conversion claim but does not award a specific amount. The court’s ruling concerned the proof supporting damages, not the source from which any damages would be paid.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.