Legal Opinion

Jefferds v. Ellis

New York Supreme Court

Decided February 26, 1985PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward M. Horey, J.

By a motion brought under the provisions of CPLR article 71 the plaintiff seeks an order directing the defendant to return a certain “truck tractor” taken from the plaintiff by the defendant. The defendant contests the motion on the grounds that the retaking was authorized under the provisions of UCC 9-503 and 9-504.

The agreement in issue is termed a “Lease Purchase Agreement.” It consists of a single paragraph of 21 typewritten lines. It is not completed on any printed or statutory form and appears to have been “home drafted.”

Under its terms the…

2Cases cited9 opinions

  1. Armstrong v. ManzoSupreme Court of the United States · 1965
  2. Sharrock v. Dell Buick-Cadillac, Inc.New York Court of Appeals · 1978
  3. Briggs v. . OliverNew York Court of Appeals · 1877
  4. Svendsen v. Smith's Moving & Trucking Co.New York Court of Appeals · 1981
  5. Svendsen v. Smith's Moving & Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1980

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. TrackwellNebraska Supreme Court · 1990
  2. Credit Car Leasing Corp. v. DeCresenzoCivil Court of the City of New York · 1988
  3. U S West Financial Services, Inc. v. Marine Midland Realty Credit Corp.District Court, S.D. New York · 1993
  4. In Re WinstonUnited States Bankruptcy Court, N.D. Alabama · 1995
  5. Jefferds v. EllisAppellate Division of the Supreme Court of the State of New York · 1986

3 more not listed; retrieve them via the Exa API.

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