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MALONEY v. RINCON

153 Misc.2d 162 (1992)

Michael Maloney, Petitioner, v. E. Rincon, Doing Business as Eddy Auto Repair, Inc., Respondent.

Civil Court of the City of New York, New York County.

January 22, 1992

Attorney(s) appearing for the Case

Macleon & Maloney (Michael M. Maloney of counsel), for petitioner. Jose A. Quinones for respondent.

MICHAEL D. STALLMAN, J.

This motion for a stay raises an important question concerning the subject matter jurisdiction of the Civil Court and its capacity to deal with an apparent statutory gap. Specifically, does the Civil Court have the subject matter jurisdiction to enjoin a lien sale pendente lite within a proceeding challenging the validity of a lien?

Petitioner moves for an order staying the...

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