Magomedov v. Self Storage Management, LLC (2023)

Retention note (2026-10-18 review): the 10/17 reading of this opinion was not kept as a stored copy, and nycourts.gov now refuses automated requests, so it was not re-fetched. The summary below has not been re-checked against a retained copy and supports no New York module-12 field marked supported.

Decided: November 8, 2023. Court: Appellate Division, Second Department. Full official opinion and reporter text independently retrieved 2026-10-17.

Facts and issue

After nonpayment of self-storage rent, the operator asserted a valid lien and scheduled a sale. It postponed the sale but sold the contents without notifying the owner of the new date. The appeal concerned the owner’s summary-judgment motion and the damages disposition, not an innocent auction buyer’s competing title.

Holding and reasoning

The owner was entitled to summary judgment on statutory liability under Lien Law 182 and conversion. A valid lien did not authorize a sale without the required notice of its actual time and place. The Second Department modified the order and remitted for determination of damages, including the effect of the rental agreement’s liability limitation. It did not award an automatic three-times-damages recovery (official opinion pp. 2–3).

Practical impact

A rescheduled storage sale requires fresh time/place notice. Proof of a valid debt/lien is not proof that the completed sale was lawful. This decision does not supply a universal free-and-clear rule for vehicle liens in a storage unit.

Historical fit and later treatment

The material notice obligation remains in current Lien Law 182(7). Later electronic-notice options must be assessed under the current text, not inferred from this dispute. Slattery (2024) and Cabrera (2026) cite this case; those full opinions were retrieved. They do not constitute comprehensive appellate-history/citator clearance. That broader status remains needs_verification.

Applies in →

new-york · towing-storage-and-mechanics-lien-sales

Disclaimer. Legal information, not legal advice. This summarizes a decision that later authority may limit or distinguish. Read the full opinion and consult a licensed attorney.