Gallets v. General Motors Acceptance Corp.

— Order unanimously affirmed, without costs. Memorandum: Plaintiff commenced what purports to be a class action challenging (in the first cause of action) the constitutionality of the Motor Vehicle Retail Instalment Sales Act (Personal Property Law, §§ 301-315) insofar as the statute allows the seizing and sale of automobiles financed under a retail installment sales contract without any prior notice or hearing. Special Term properly granted defendant’s motion to dismiss the first cause of action. Section 315 of the *757Personal Property Law permits the recovery of a deficiency judgment where the…