MATTER OF GMAC v. ACME TOWING INC.

RJI NO. 01-08-092120 0008902/0081

2008 NY Slip Op 31851 (U)

IN THE MATTER OF THE SPECIAL PROCEEDING APPLICATION OF GMAC, Petition v. ACME TOWING INC, and THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondents.

Supreme Court of the State of New York, Albany County.

July 2, 2008


Attorney(s) appearing for the Case

Miller & Meola, Rudolph Meola, Esq., Albany, New York, Attorneys for the Petitioner.

Sgarlato & Sgarlato, PLLC, Brooke Tiffany Skolnik, Esq., Staten Island, New York, Attorneys for the Respondent ACME Towing Inc.

New York State Office of the Attorney General, David L. Fruchter, Assistant Attorney General The Capitol, Albany, New York, Attorneys for Respondent The New York State Department of Motor Vehicles


DECISION and ORDER

TERESI, J.:

Petitioner commenced this proceeding by Order to Show Cause, dated February 7, 2008, with an accompanying Verified Petition seeking a declaration of the validity and amount of the garageman's lien claimed by respondent ACME Towing Inc. (hereinafter "ACME") on a 2002 Cadillac. ACME answered, claiming its lien on the 2002 Cadillac is in all respects valid and totaled $14,395.22, as of January 12, 2008, which continues...

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