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  5. 43 N.Y.2d 952 (1978)
 

CARL A. MORSE, INC. v. RENTAR INDUS. DEV. CORP.

43 N.Y.2d 952 (1978)

Carl A. Morse, Inc., Respondent, v. Rentar Industrial Development Corp. et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 21, 1978.

Attorney(s) appearing for the Case

Edward L. Sadowsky, Richard Kaye and Mona D. Shapiro for appellants.

John G. McGarrahan, C. Stephen Heard, Jr., Peter J. Kiernan, Mitchell A. Gilbert and Burt Neuborne for respondent.

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

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, COOKE, FUCHSBERG.

Order affirmed, with costs, on the opinion by then Presiding Justice FRANK A. GULOTTA. In addition, it is observed that the dissenting opinion at the Appellate Division confuses the impact of a lien on property which does not disposses the owner with the line of cases in the Supreme Court of the United States involving precisely such dispossession by seizure without preliminary judicial determination. Question certified answered in the affirmative.

Judge FUCHSBERG...

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