**FAIR LAWN, N.J.** — A silver Smart Fortwo Cabrio with a black soft top has become the center of a new dispute involving Samuel Polyak of Polykup and David Gutwill of Ultimate Car Care. The New Jersey Auto Owners Association says it has gathered evidence that Polyak drove the vehicle — originally left for Gutwill — without authorization from owner Andrea Feric.

After confirming with Feric that no permission had been granted, the NJAOA formally referred the case to the Fair Lawn Police Department and the Bergen County Prosecutor’s Office. The group is asking prosecutors to determine whether criminal charges are warranted.

The referral highlights ongoing concerns about the relationship between the two businesses. Gutwill, already under public scrutiny for multiple prior felony convictions, has a business connection to Lawrence Kushner, who was convicted of fraud. The NJAOA believes these factors warrant close examination of how the Smart Fortwo Cabrio ended up being driven by Polyak.

The association frames the latest allegation within its broader campaign against practices at Polykup and Ultimate Car Care. A separate high-profile complaint involves an Acura NSX that was sent to Polykup for a premium EV conversion. The NJAOA has alleged that recalled, fire-prone batteries were used instead and that the car was returned damaged and missing valuable original components despite a court order.

As of now, neither Samuel Polyak nor David Gutwill has issued a statement regarding the Smart Fortwo Cabrio matter. The New Jersey Auto Owners Association continues to collect information from vehicle owners who suspect their cars were driven without consent.

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