In Fitzpatrick v. Bank of New York, 124 Misc.2d 732 (App. Term, 2nd Dep't 1983), the original purchaser financed his purchase via a loan secured by the defendant's lien. The original purchaser then both defaulted on the loan, and allowed a judgment lien for unpaid parking tickets to be placed on the vehicle. The vehicle was impounded by the New York City Marshal and sold at public auction to satisfy the judgment lien. When the auction purchaser applied for title, DMV negligently cleared both the judgment lien and the finance lien, and issued a clear title. The auction purchaser sold the vehicle to the plaintiff, an innocent third party who relied upon the clear title. The defendant thereafter repossessed the vehicle. In the plaintiff's action for, inter alia, the value of the repossessed vehicle, the Appellate Term held, 124 Misc.2d at 733: The court below correctly concluded that defendant had the right to take possession of the collateral pursuant to its perfected security interest regardless of the administrative negligence of the Department of Motor Vehicles. Plaintiff, even though without knowledge of the bank's interest relying upon the erroneous certificate of title issued for the vehicle, nevertheless can acquire no greater rights to the vehicle-than that possessed by purchaser at the Marshal's auction. "Plaintiffs reliance upon the clear certificate of title is misplaced," continued the Appellate Term, "inasmuch as it is merely prima facie evidence of its contents, which, of course, may be rebutted . " (Id.)