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BROOKS v. FLAGG BROS., INC.

No. 523, Docket 75-7437.

553 F.2d 764 (1977)

Shirley Herriott BROOKS and Gloria Jones, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. FLAGG BROTHERS, INC., Individually and as representative of a class of all others similarly situated, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 7, 1977.

Attorney(s) appearing for the Case

Martin A. Schwartz, White Plains, N. Y. (The Legal Aid Society of Westchester County, White Plains, N. Y., on the brief, Lawrence S. Kahn, Evelyn K. Isaac, New York City, of counsel), for plaintiffs-appellants.

Alvin Altman, New York City (Brodsky, Linnett & Altman, New York City, on the brief, Michael J. Barnas, New York City, of counsel), for defendants-appellees Flagg Brothers, Inc., and Henry Flagg.

William H. Towle, Chicago, Ill. (Burke, Kerwin & Towle, Chicago, Ill. and Werner & Weiss, P. C., New York City, on the brief, Norman Weiss, New York City, of counsel), for defendants-appellees American Warehousemen's Ass'n and The Intern. Ass'n of Refrigerated Warehouses, Inc.

Arnold H. Shaw, New York City (Jaffe, Shaw & Rosenberg, New York City, on the brief), for defendants-appellees Warehousemen's Ass'n of New York and New Jersey, Inc., and the Cold Storage Warehousemen's Ass'n of the Port of New York.

A. Seth Greenwald, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendant-appellee Louis J. Lefkowitz, Atty. Gen. of the State of New York.

Before TIMBERS, Circuit Judge, and HOLDEN and BRYAN, District Judges.

FREDERICK van PELT BRYAN, Senior District Judge:

New York Uniform Commercial Code § 7-209 grants a warehouseman a lien upon goods in his possession for charges incurred in connection with storage, and permits him to retain the goods until such charges are satisfied. New York Uniform Commercial Code § 7-210 gives the warehouseman the power to enforce his lien by selling the stored goods, after complying with specified procedures.1

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