Legal Opinion
Jefferds v. Ellis
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1987PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Lawton, J.
The principal issue raised on appeal concerns the constitutionality of UCC 9-503, which authorizes a secured party to retake possession of the collateral without prior notice and hearing. Contrary to the determination at Special Term (127 Misc 2d 477), we hold that the section is constitutional and we reverse the order appealed from and remit the matter to Supreme Court for further proceedings.
Defendant and plaintiff entered into an agreement for the lease and purchase of a 1974 CMC Astro truck, which provided that plaintiff would lease this vehicle for a period…
2Cases cited22 opinions
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- People Ex Rel. Carter v. . RiceNew York Court of Appeals · 1892
- Matter of FayNew York Court of Appeals · 1943
- King v. South Jersey National BankSupreme Court of New Jersey · 1974
- People Ex Rel. Henderson v. Board of SupervisorsNew York Court of Appeals · 1895
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3Cited by4 opinions
- Liberty Mortgage Banking, Ltd. v. Federal Home Loan Mortgage CorporationDistrict Court, E.D. New York · 1993
- In Re WinstonUnited States Bankruptcy Court, N.D. Alabama · 1995
- Italverde Trading, Inc. v. Four Bills of Lading Numbered LRNNN 120950, LRNNN 122950, LRNNN 123580, & MSLNV 254064District Court, E.D. New York · 2007
- Lanz v. FeolaAppellate Division of the Supreme Court of the State of New York · 1992