48 A.D.2d 928 | N.Y. App. Div. | 1975
In an action, inter alia, to recover possession of chattels and ftr declaratory relief, (1) defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County, dated October 4, 1974, as (a) granted plaintiff’s motion for partial summary judgment to the extent of (i) declaring sections 7-209 and 7-210 of the Uniform Commercial Code to be unconstitutional and (ii) directing defendants not to rely on said sections and to return plaintiff’s chattels and (b) denied defendants’ cross motion to dismiss the complaint; and (2) the intervenor Attorney-General appeals from so much of the same order as found a constitutional issue and declared the above-mentioned sections 7-209 and 7-210 unconstitutional. Order modified by striking therefrom the decretal paragraphs numbered 2, 3 and 4 and substituting therefor a provision denying plaintiff’s motion in its entirety. As so modified, order affirmed insofar as appealed from, without costs. In the complaint and supporting papers on her motion for partial summary judgment, plaintiff alleged that she was evicted from her apartment while she was out of the State. On the day of eviction, a New York City Marshal came to her apartment, together with four moving men employed by defendant Banner Moving & Storage, Inc., to remove her and place the landlord in possession. Plaintiff’s personal possessions were removed to Banner’s warehouse. Banner alleged that plaintiff’s 18-year-old daughter specifically requested that Banner take possession of these household goods and that, to that end, she signed a mover’s inventory record, a household goods descriptive inventory and a warehouse receipt. On the other hand, plaintiff claimed that only the descriptive inventory was signed by her daughter, that the daughter was told that the goods were being
