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CONTINENTAL INS. v. CONSUMER

189 Misc.2d 172 (2001)

728 N.Y.S.2d 627

CONTINENTAL INSURANCE COMPANY, Plaintiff, v. CONSUMER TOWING AND COLLISION, INC., Defendant.

Civil Court, Bronx County.

March 5, 2001.

Attorney(s) appearing for the Case

Speyer & Perlberg, Melville, for plaintiff.

Christopher Marengo, Bronx, for defendant.

OPINION OF THE COURT

MARY ANN BRIGANTTI-HUGHES, J.

Plaintiff, an insurance company, seeks to recover damages from defendant, a repairer of automobiles, for the wrongful withholding of a vehicle. Defendant counterclaims for foreclosure of a garage lien obtained pursuant to repairs performed on the automobile. Thus, the dispositive issue arising in this dispute is the validity of the garage lien, which depends...

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