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  5. 50 N.Y.2d 383 (1980)
 

STATE v. AVCO FIN. SERV.

50 N.Y.2d 383 (1980)

In the Matter of the State of New York, Respondent, v. Avco Financial Service of New York Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1980.

Attorney(s) appearing for the Case

Alvin M. Stein, Stanley R. Stern, P. C., Amos Alter and Kenneth R. Davis for appellant.

Robert Abrams, Attorney-General (Shirley Adelson Siegel, William J. Kogan, Jacquelyn R. Bullock and Robert S. Hammer of counsel), for respondent.

K. Wade Eaton, V. Jerome Luhn and Peter D. Braun for Hugh Wilkes and others, amici curiae.

John Carter Rice and Gerard L. Conway for New York State Consumer Finance Association, amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judge GABRIELLI taking no part.

FUCHSBERG, J.

The Attorney-General, acting on a consumer complaint, instituted this special proceeding under subdivision 12 of section 63 of the Executive Law to enjoin respondent Avco's use of a security clause in a loan agreement form. The petition alleged that the clause was illegal and void as against public policy on the theory that it constituted an impermissible waiver of the personal property exemption...

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