Legal Opinion

Svendsen v. Smith's Moving & Trucking Co.

Appellate Division of the Supreme Court of the State of New York

Decided August 18, 1980PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

At issue is the constitutionality of subdivision (2) of section 7-210 of the Uniform Commercial Code insofar as it authorizes the ex parte sale of the bailed goods, without first affording the lienee the opportunity for a hearing.

Plaintiff, Dorothy Svendsen, was evicted from her rented apartment pursuant to a judgment and warrant of eviction. Under the direction of the City Marshal, her belongings were removed by Smith’s Moving and Trucking Company to its warehouse for storage. She alleges that she neither authorized nor contracted with said defendants to remove or store…

3Cases cited7 opinions

  1. Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
  2. Jones v. BermanNew York Court of Appeals · 1975
  3. Sharrock v. Dell Buick-Cadillac, Inc.New York Court of Appeals · 1978
  4. Rivera v. TrimarcoNew York Court of Appeals · 1975
  5. Blye v. Globe-Wernicke Realty Co.New York Court of Appeals · 1973

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

4Cited by9 opinions

  1. Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Svendsen v. Smith's Moving & Trucking Co.New York Court of Appeals · 1981
  3. Price v. U-Haul Co. of LouisianaSupreme Court of Louisiana · 1999
  4. Jefferds v. EllisNew York Supreme Court · 1985
  5. Dupont v. Joedon & Co.Appellate Division of the Supreme Court of the State of New York · 1985

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

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