Question
On a debtor's default the secured party can take peaceful possession of the collateral without first going to court under UCC 9-609(b). Yet the UCC
On a debtor's default the secured party can take peaceful possession of the collateral without first going to court under UCC 9-609(b). Yet the UCC does not define what is peaceful. Consider the case of Mauro v. GMAC 626 N.Y.S.2d 374 1995, a New York court case where GMAC sent Tri City Auto Recovery to repossess the car. As employees Anthony and Edward Russo were in the process of towing the vehicle at 8:30pm from the home of the Mr. & Mrs Mauro, Maureen Mauro saw her headlights on and went out with an unloaded shotgun. She pointed it at Anthony Russo who was behind the wheel of the car and ordered him out of the car. He steps out and grabs the gun from her. After calling the police Mr. Mauro comes out and struggles with Anthony Russo. A fight ensues. The Mauro's thereafter file a a lawsuit against GMAC alleging that the repossession constituted a breach of peaceful possession and wanted a significant sum. What do you think and how do you think the court came to its conclusion?
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