Legal Opinion
Mauro v. General Motors Acceptance Corp.
New York Supreme Court
Decided April 14, 1995PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Harold J. Hughes, J.
The issue presented on these motions is whether the statutory duty to repossess collateral without breach of the peace imposed upon a secured party by UCC 9-503 renders the secured party liable for an assault occurring during the repossession of the collateral even though the assault be committed by an independent contractor rather than an agent of the secured party. General Motors Acceptance Corporation (GMAC) was the secured party pursuant to a retail installment sale contract whereby plaintiff Maureen Mauro purchased a 1986 Chevrolet. It is alleged…
2Cases cited17 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Riviello v. WaldronNew York Court of Appeals · 1979
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- General Finance Corp. v. SmithSupreme Court of Alabama · 1987
- MBank El Paso, N.A. v. SanchezTexas Supreme Court · 1992
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- John Barrett and Lynne Barrett v. Mary Harwood Scott Smith John Durant James Phillips and the Village of MaloneCourt of Appeals for the Second Circuit · 1999
- Rand v. Porsche Financial ServicesCourt of Appeals of Arizona · 2007
- DeMary v. RiekerNew Jersey Superior Court Appellate Division · 1997
- Droge v. AAAA Two Star Towing, Inc.Court of Appeals of Nevada · 2020
- General Motors Acceptance Corp. v. VucichAppellate Division of the Supreme Court of the State of New York · 2005
4 more not listed; retrieve them via the Exa API.