Legal Opinion

Marcus v. Sherr

City of New York Municipal Court

Decided August 15, 1928Published

1Opinion of the CourtEvans, J.

A chattel mortgage is a lien on personal property. This court is given jurisdiction to entertain actions to foreclose such liens, when the amount involved is $3,000 or less. (City Court Act, § 16, subd. 3.) May this court grant a warrant of seizure in an action to foreclose a chattel mortgage? A chattel mortgage lien may be foreclosed by action in a court of record. There can be no doubt of that. (Coiro v. Baron, 158 App. Div. 591.) And in an action to foreclose such a hen, a warrant of seizure may be issued by this court. (Lien Law, § 207; Coiro v. Baron, 158 App. Div. 591.) The plaintiff in…

2Cases cited2 opinions

  1. Grossman v. WeissNew York Supreme Court · 1927
  2. Coiro v. BaronAppellate Division of the Supreme Court of the State of New York · 1913

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