MATTER OF CBS TRANSP., INC. v. BORDERLINE COLLISION, INC.


231 A.D.2d 715 (1996)

648 N.Y.S.2d 45

In the Matter of CBS Transportation, Inc., Appellant, v. Borderline Collision, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 30, 1996


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the petitioner's contention, it is clear that this proceeding was commenced to determine the validity of the respondent's lien on the petitioner's truck, and to recover possession thereof, and was not an action sounding in conversion. Therefore, pursuant to Lien Law § 201-a, the petitioner had 10 days after it was served with the notice of sale to commence the instant proceeding ...

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