Legal Opinion
State v. Avco Financial Service of New York Inc.
New York Court of Appeals
Decided June 5, 1980PublishedCited by 94 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
The Attorney-General, acting on a consumer complaint, instituted this special proceeding under subdivision 12 of section 63 of the Executive Law to enjoin respondent Avco’s use of a security clause in a loan agreement form. The petition alleged that the clause was illegal and void as against public policy on the theory that it constituted an impermissible waiver of the personal property exemption afforded a judgment debtor under CPLR 5205 (subd [a]). Special Term summarily declared the clause invalid for this reason. Although the Appellate Division, over a…
2Cases cited17 opinions
- Hume v. United StatesSupreme Court of the United States · 1889
- Wilson Trading Corp. v. David Ferguson, Ltd.New York Court of Appeals · 1968
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- State v. ITM, Inc.New York Supreme Court · 1966
- Jones v. Star Credit Corp.New York Supreme Court · 1969
12 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
- Sablosky v. Edward S. Gordon Co.New York Court of Appeals · 1989
- State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
- Cayuga Harvester, Inc. v. Allis-Chalmers Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Brower v. Gateway 2000, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
89 more not listed; retrieve them via the Exa API.