In Marine Midland Bank v. State of New York, 195 A.D.2d 871 (3d Dept. 1993), claimant gave a loan secured by a tractor trailer titled in the name of A.W. Trucking and, upon default, claimant took possession of the truck. Subsequently, on March 28, 1988, the New York State Department of Motor Vehicles (DMV) notified A.W. Trucking that the Certificate of Title had been issued erroneously and that the true owner was Telmark. On April 14, 1988, DMV issued a corrected title to Telmark; claimant was still identified as the lien holder for the truck despite the fact that claimant did not have a loan agreement with Telmark. In June, Telmark brought suit against claimant and, by Order entered January 23, 1989, the lien was extinguished and Telmark gained possession of the truck. Claimant then brought suit against the State seeking to recover the balance of its outstanding loan and the expenses incurred as a result of the State's alleged negligence. The claim was dismissed for improper service and the Appellate Division held that claimant's late claim application had been improvidently granted by the trial court. The Appellate Division held that the claim was time barred and rejected the trial court's finding that the claim accrued when the lien was formally extinguished by the court order entered January 23, 1989. The Appellate Division explained that the true source of the claim was the unpaid defaulted loan made to A.W. Trucking and not the judgment resulting from a third-party lawsuit. Thus, the Court reasoned that claimant "could have brought an action as soon as it became aware as it must have during the course of the Telmark litigation, at the very latest that the State's actions had caused it to lend money on the basis of a 'security interest' in property that was not owned by the debtor" (id. at 873).