JEFFERDS v. ELLIS


127 Misc.2d 477 (1985)

Robert Jefferds, Plaintiff, v. Harold W. Ellis, Defendant.

Supreme Court, Cattaraugus County.

February 26, 1985


Attorney(s) appearing for the Case

Shane & Franz (J. Michael Shane of counsel), for plaintiff. Eldredge & Peters (David S. Eldredge of counsel), for defendant.


EDWARD M. HOREY, J.

By a motion brought under the provisions of CPLR article 71 the plaintiff seeks an order directing the defendant to return a certain "truck tractor" taken from the plaintiff by the defendant. The defendant contests the motion on the grounds that the retaking was authorized under the provisions of UCC 9-503 and 9-504.

The agreement in issue is termed a "Lease Purchase Agreement." It consists of a single paragraph of 21 typewritten...

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