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SHARROCK v. DELL BUICK

45 N.Y.2d 152 (1978)

Joan Sharrock, Individually and on Behalf of All Others Similarly Situated, Respondent, v. Dell Buick-Cadillac, Inc., et al., Appellants. Louis J. Lefkowitz, Attorney-General, Intervenor.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

James K. Levin and Daniel G. Levin for appellants.

Martin A. Schwartz and Alan Steiner for respondent.

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald, Samuel A. Hirshowitz and John Farrar of counsel), in his statutory capacity under section 71 of the Executive Law.

Judges GABRIELLI, WACHTLER and FUCHSBERG concur with Judge COOKE; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL and Judge JONES concur.

COOKE, J.

Challenged here as violative of the due process clauses of the State Constitution (NY Const, art I, § 6) and the Fourteenth Amendment of the Federal Constitution is the statutory authorization afforded a garageman to foreclose his possessory statutory lien for repair and storage charges (Lien Law, § 184), by means of a public sale of the vehicle in his possession. We hold that sections 200...

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