Laprease v. Raymours Furniture Company

PORT, District Judge.

In the above-entitled actions, consolidated for hearing, the plaintiffs seek to enjoin the defendants from enforcing Article 71 1 of the New York Civil Practice Law and Rules. That Article governs the procedure in a replevin action, and permits the prehearing seizure of the subject matter of the action without the intervention or order of a judicial officer.

Temporary restraining orders were issued in each case restraining the defendants from making seizures pursuant to the provisions of Article 71 2 and three-judge courts were designated and convened pursuant to 28 U.S.C.…