General Motors Acceptance Corp. v. Ayanru

OPINION OF THE COURT

John R. Cannizzaro, J.

Defendant herein moves for an order “vacating” this action and directing plaintiff to return an automobile that it seized pursuant to the terms of a secured financing agreement.

For purposes of clarification, this court shall first consider defendant’s request for vacatur or dismissal of the action and then consider his request for return of the automobile seized by plaintiff.

With respect to that portion of the motion which requests dismissal, this court cites its decision dated May 3, 1984, wherein plaintiff was granted a prejudgment order of seizure…