Legal Opinion
Morning Glory Media, Inc. v. Enright
New York Supreme Court
Decided September 6, 1979PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
John A. Mastrella, J.
This is a motion for an order confirming an order of seizure granted to the plaintiff, Morning Glory Media, Inc., under the recently revised CPLR article 71. In this case, which appears to be one of first impression, the defendants question the constitutionality of the procedure of granting an order of seizure without notice, and also question to what extent a defense may be interposed to defeat an application for replevin of chattels.
On November 9, 1978, the plaintiff corporation acquired a typesetting machine. The defendant, Gene Fausette, personally…
2Cases cited18 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
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3Cited by2 opinions
- East Side Car v. K.R.K. Capitol, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Brooklyn Union Gas Co. v. GottliebCivil Court of the City of New York · 1983