[DOWNLOAD] "Joan Sharrock v. Dell Buick-Cadillac" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: Joan Sharrock v. Dell Buick-Cadillac
- Author : Court of Appeals of New York
- Release Date : January 11, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
[45 N.Y.2d 152 Page 156] Opinion OF THE COURT Challenged here as violative of the due process clauses of the State Constitution (NY Const, art I, § 6) and the Fourteenth Amendment of the Federal Constitution is the statutory authorization afforded a garageman to foreclose his possessory statutory lien for repair and storage charges (Lien Law, § 184), by means of a public sale of the vehicle in his possession. We hold that sections 200, 201, 202 and 204 of the Lien Law, insofar as they empower a garageman to conduct an ex parte sale of a bailed automobile, fail to comport with traditional notions of procedural due process embodied in the State Constitution, as they deprive the owner of the vehicle of a significant property interest without providing any opportunity to be heard.
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