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PARKER v. P & N RECOVERY

182 Misc.2d 342 (1999)

697 N.Y.S.2d 462

STEVEN PARKER, Plaintiff, v. P & N RECOVERY OF NEW YORK, INC., et al., Defendants.

Civil Court, New York County.

August 3, 1999.

Attorney(s) appearing for the Case

Whitman Breed Abbott & Morgan, L. L. P., New York City (John C. Canoni of counsel), for plaintiff.

Joel Anthony Pope & Associates, Inc., defendant pro se.

OPINION OF THE COURT

ROLANDO T. ACOSTA, J.

Plaintiff moves for an order granting summary judgment against defendant Joel Anthony Pope & Associates, Inc. (hereinafter Pope), an auctioneer who sold plaintiff's car at the request of a garage keeper claiming a lien on the car. The motion requires the court to decide an issue which has not received much written attention from the courts: whether an auctioneer who sells property pursuant to the request of...

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