Legal Opinion
Maloney v. Rincon
Civil Court of the City of New York
Decided January 22, 1992PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
This motion for a stay raises an important question concerning the subject matter jurisdiction of the Civil Court and its capacity to deal with an apparent statutory gap. Specifically, *163does the Civil Court have the subject matter jurisdiction to enjoin a lien sale pendente lite within a proceeding challenging the validity of a lien?
Petitioner moves for an order staying the sale of an automobile, and, by a special proceeding simultaneously commenced moves to cancel a garage owner’s lien. Petitioner alleges that he is the owner of a 1984 Mercedes Benz…
2Cases cited3 opinions
- Sharrock v. Dell Buick-Cadillac, Inc.New York Court of Appeals · 1978
- Gager v. WhiteNew York Court of Appeals · 1981
- Hellman v. PlossAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by4 opinions
- Spinnell v. SassowerCivil Court of the City of New York · 1992
- Katz Park Avenue Corp. v. OldenCivil Court of the City of New York · 1993
- Mongelli v. CabralYonkers City Court · 1995
- McGreen v. On Point Collision, Inc.Civil Court of the City of New York · 2002