Legal Opinion
Sharrock v. Dell Buick-Cadillac, Inc.
New York Court of Appeals
Decided July 11, 1978PublishedCited by 147 opinions
1Opinion of the Court
OPINION OF THE COURT
Cooke, J.
Challenged here as violative of the due process clauses of the State Constitution (NY Const, art I, § 6) and the Fourteenth Amendment of the Federal Constitution is the statutory authorization afforded a garageman to foreclose his possessory statutory lien for repair and storage charges (Lien Law, § 184), by means of a public sale of the vehicle in his possession. We hold that sections 200, 201, 202 and 204 of the Lien Law, insofar as they empower a garageman to conduct an ex parte sale of a bailed automobile, fail to comport with traditional notions of procedural…
2Cases cited40 opinions
- Sibron v. New YorkSupreme Court of the United States · 1968
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
35 more not listed; retrieve them via the Exa API.
3Cited by147 opinions
- People v. AdamsNew York Court of Appeals · 1981
- Hernandez v. United StatesCourt of Appeals for the Second Circuit · 2019
- State v. SchmidSupreme Court of New Jersey · 1980
- People v. LaValleNew York Court of Appeals · 2004
- People v. CahillNew York Court of Appeals · 2003
142 more not listed; retrieve them via the Exa API.