Legal Opinion
Ellison v. Midtown Moving & Storage, Inc.
Appellate Terms of the Supreme Court of New York
Decided May 3, 2001PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Judgment entered on or about December 28, 1999 reversed, *704without costs, and action dismissed.
No basis is shown to impose liability in negligence or otherwise upon defendant for the public sale of plaintiffs warehoused property, in view of the defendant’s unassailable documentary showing that it complied with the notification and publication requirements of article 7 of the Uniform Commercial Code (cf., Shimamoto v S&F Warehouse, 257 AD2d 334, appeal dismissed in part, lv denied in part 94 NY2d 837). The trial record significantly shows that defendant properly served a…
3Cases cited3 opinions
- Svendsen v. Smith's Moving & Trucking Co.New York Court of Appeals · 1981
- Svendsen v. Smith's Moving & Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Shimamoto v. S&F Warehouses, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
4Cited by2 opinions
- General Fabrics Co. v. Renco Finishing Corp.Appellate Terms of the Supreme Court of New York · 2002
- Nadler v. F & D Associates, Inc.Court of Appeals for the Second Circuit · 2003