Abrams v. One 1987 Chevrolet Corvette

Appellate Division of the Supreme Court of New York

Abrams v. One 1987 Chevrolet Corvette

161 A.D.2d 1129

Appellate Division of the Supreme Court of the State of New York·Decided May 11, 1990·Published·Cited by 1 cases

Opinion

Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in granting respondents’ motion to strike petitioner’s demand for a jury trial (see, CPLR 4102 [a]). In our view, petitioner is entitled to a jury trial in this civil proceeding commenced pursuant to Public Health Law § 3388, for a judgment declaring a forfeiture of a 1987 Chevrolet Corvette registered in the name of respondent Weston Motors (see, Matter of Vergari v Marcus, 26 NY2d 764, 765; Matter of Joch v Pikulik, 88 AD2d 1023). (Appeal from order of Supreme Court, Erie County, Fudeman, J.—strike request for jury trial.) Present—Callahan, J. P., Denman, Pine, Balio and Davis, JJ.

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Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in granting respondents’ motion to strike petitioner’s demand for a jury trial (see, CPLR 4102 [a]). In our view, petitioner is entitled to a jury trial in this civil proceeding commenced pursuant to Public Health Law § 3388, for a judgment declaring a forfeiture of a 1987 Chevrolet Corvette registered in the name of respondent Weston Motors (see, Matter of Vergari v Marcus, 26 NY2d 764, 765; Matter of Joch v Pikulik, 88 AD2d 1023). (Appeal from order of Supreme Court, Erie County, Fudeman, J.—strike request for jury trial.) Present—Callahan, J. P., Denman, Pine, Balio and Davis, JJ.

Abrams v. One 1987 Chevrolet Corvette, 161 A.D.2d 1129 (N.Y. Ct. App. 1990).

Pincite

161 A.D.2d 1129 (Abrams v. One 1987 Chevrolet Corvette) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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