Study Aids
Case Briefs Overview
Casebooks
Case Briefs
M

Morning Glory Media v. Enright

100 Misc. 2d 872, 420 N.Y.S.2d 176 (1979)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Morning Glory Media v. Enright

New York Supreme Court
100 Misc. 2d 872, 420 N.Y.S.2d 176 (1979)

Facts

Morning Glory Media, Inc. (Morning Glory) (plaintiff) acquired a typesetting machine with the help of Thomas Enright, Gladys Fausette, and Gene Fausette (defendants) and others (collectively, guarantors), who guaranteed or provided collateral for the financing for the machine’s purchase. The parties disputed where the machine should be located, leading Morning Glory and related individuals (plaintiffs) to commence a replevin suit, in connection with which Morning Glory obtained an order under Article 71 of the Civil Practice Law and Rules (CPLR), which authorized the sheriff to seize the machine without notice to the guarantors. Immediately after the seizure, Morning Glory moved to confirm the seizure order. The guarantors responded that (1) a seizure order without notice violated their constitutional due-process rights pursuant to a series of decisions by the United States Supreme Court and (2) the guarantors, not Morning Glory, had a superior possessory interest in the machine.

Rule of Law

Issue

Holding and Reasoning (Mastrella, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Litigation

Key Terms