Legal Opinion

Associates Discount Corp. of Delaware, Inc. v. Harris

New York Supreme Court

Decided September 13, 1976Published

1Opinion of the CourtJoseph Jiudice, J.

This is a motion by the defendants brought on by order to show cause in which they seek to vacate an order of seizure issued by this court by which a tractor was seized by the Sheriff of this county from the defendants’ possession.

It appears from the facts before the court the defendants entered into a retail installment contract for the purchase of the tractor in question. There was a subsequent default by the defendants in payments due under the contract. Even though it appears that a partial payment was made to the plaintiff after signing the order of seizure, this factor does not absolve…

2Cases cited5 opinions

  1. Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
  2. Laprease v. Raymours Furniture CompanyDistrict Court, N.D. New York · 1970
  3. AMF Inc. v. Algo Distributors, Ltd.Appellate Division of the Supreme Court of the State of New York · 1975
  4. Long Island Trust Co. v. Porta Aluminum Corp.Appellate Division of the Supreme Court of the State of New York · 1974
  5. General Electric Credit Corp. v. Fred Pistone, Jr., Inc.New York Supreme Court · 1971

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