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· 5/2/2017

In re Ginelle T.A.

Citations

  • 29 N.Y.3d 905

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that once the debtor starts protest- ing the repossession, the repossession itself is no longer peaceful and becomes illegal
  • wrongful repossession that was not abusive was not sufficiently outrageous, especially when auto was returned after mistake discovered
  • “[T]he unequivocal oral protest of the defaulting debtor eliminates self-help repossession as a lawful alternative for the secured party.” (brackets omitted)
  • a breach of the peace can be created by an unequivocal oral protest
  • in the face of an oral protest the repossessing creditor must desist
  • a breach of the peace is created by an unequivocal oral protest

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.