Spear v. Hoxsie

This action is brought to recover a deficiency arising upon the resale of a motor truck under a conditional sales contract. The sale was not conducted by a licensed auctioneer.

Section 79 of the Personal Property Law provides that such sales shall be at “ public auction.” Section 23 of the General Business Law provides in substance that a “ public auction ” must be conducted by an auctioneer licensed thereunder. The only question is whether such a sale must be conducted by a licensed auctioneer. The defendant relies on LaRocca Builders, Inc., v. Sanders (230 App. Div. 594, 596). There “ many…