Sharrock v. Dell Buick-Cadillac, Inc.

The majority holds today that the private sale on notice to the owner of a vehicle to satisfy a *168garageman’s lien, as regulated by statute (Lien Law, §§ 200, 201, 202, 204), is violative of the due process clause of the State Constitution. I disagree and would sustain the constitutionality of the challenged statutes on the ground that the statutory scheme does not involve State action and, therefore, may not properly be measured against due process standards applicable only when State action is present.

Confronted by a controlling decision of the United States Supreme Court, the majority…