Does a court have jurisdiction to award damages for failing to notify a plaintiff of their "right of redemption" after the public auction?

"New York", United States of America

The following excerpt is from Rollock v. Gerald Modell Inc., 169 Misc.2d 663, 652 N.Y.S.2d 465 (N.Y. App. Term 1996):

Further, to the extent the trial court based the award on its conclusion that defendant violated General Business Law 49 in failing to notify plaintiff of his "right of redemption" after the public auction, we note only that the carefully drawn provisions of the regulatory statute make no mention of such a notice (cf., General Business Law 50[2] ), and no such notice requirement should be engrafted onto the statute through the guise of judicial interpretation (see, Pajak v. Pajak, 56 N.Y.2d 394, 397, 452 N.Y.S.2d 381, 437 N.E.2d 1138).

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