Legal Opinion
Kosches v. Nichols
Civil Court of the City of New York
Decided December 22, 1971PublishedCited by 5 opinions
1Opinion of the CourtWilliam P. McCoob, J.
Plaintiffs have presented ex parte applications for orders of seizure pursuant to CPLR 7102. The goods in the Kosches case are household furniture, and in the Government Employees Gorp. case an automobile. In both cases the goods were purchased under retail installment sales agreements. The supporting affidavits allege that the defendants are in default under the contracts.
CPLR 7102 (subd. [d]) as amended states that the court shall grant the order of seizure ‘i upon such terms as may be required to conform to the due process of law requirements of the fourteenth amendment to the constitution…
2Cases cited5 opinions
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Blair v. PitchessCalifornia Supreme Court · 1971
- Randone v. Appellate DepartmentCalifornia Supreme Court · 1971
- Laprease v. Raymours Furniture CompanyDistrict Court, N.D. New York · 1970
- Finkenberg Furniture Corp. v. VasquezCivil Court of the City of New York · 1971
3Cited by5 opinions
- Van Bibber v. NorrisIndiana Supreme Court · 1981
- Roscoe v. ButlerDistrict Court, D. Maryland · 1973
- Consolidated Edison Co. of New York, Inc. v. Church of St. CeciliaCivil Court of the City of New York · 1984
- King v. South Jersey National BankSupreme Court of New Jersey · 1974
- King v. South Jersey National BankSupreme Court of New Jersey · 1974