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MAURO v. GMAC

164 Misc.2d 871 (1995)

626 N.Y.S.2d 374

Maureen Mauro et al., Plaintiffs, v. General Motors Acceptance Corporation et al., Defendants.

Supreme Court, Albany County.

April 14, 1995

Attorney(s) appearing for the Case

Richard J. Miller & Associates, P. C., Albany (Rudolph J. Meola of counsel), for General Motors Acceptance Corporation, defendant. Roche, Corrigan, McCoy & Bush, Albany (Peter J. Corrigan of counsel), for Tri-City Auto Recovery, Inc., defendant. Bohl, Della Rocca & Dorfman, P. C., Albany (Charles A. Bohl of counsel), for plaintiffs.

HAROLD J. HUGHES, J.

The issue presented on these motions is whether the statutory duty to repossess collateral without breach of the peace imposed upon a secured party by UCC 9-503 renders the secured party liable for an assault occurring during the repossession of the collateral even though the assault be committed by an independent contractor rather than an agent of the secured party. General Motors Acceptance...

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