SVENDSEN v. SMITH'S MOVING


76 A.D.2d 504 (1980)

Dorothy Svendsen, Appellant, v. Smith's Moving and Trucking Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 18, 1980


Attorney(s) appearing for the Case

Westchester Legal Services, Inc. (Martin A. Schwartz and Virginia Knaplund of counsel), for appellant.

HOPKINS, J. P., RABIN, COHALAN and WEINSTEIN, JJ., concur.


Per Curiam.

At issue is the constitutionality of subdivision (2) of section 7-210 of the Uniform Commercial Code insofar as it authorizes the ex parte sale of the bailed goods, without first affording the lienee the opportunity for a hearing.

Plaintiff, Dorothy Svendsen, was evicted from her rented apartment pursuant to a judgment and warrant of eviction. Under the direction of the City Marshal, her belongings...

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