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MATTER OF GMAC v. ACME TOWING INC.

0008902/0081, RJI No. 01-08-092120

2008 NY Slip Op 32215 (U)

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

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

August 7, 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, Albany, New York, Attorneys for Respondent The New York State Department of Motor Vehicles.

DECISION and ORDER

JOSEPH C. TERESI, Judge.

This proceeding was commenced, pursuant to Lien Law §201-a, by Petitioner to determine the validity and amount of the garageman's lien claimed by respondent ACME Towing Inc. (hereinafter "ACME") on a 2002 Cadillac. ACME claims its lien totaled $14,395.22, as of January 12, 2008, and continues to accrue storage charges.

The Court of Appeals, in National Union Fire Ins. Co. of Pittsburgh,...

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