Property Clerk of New York City Police Department v. Green

Appellate Division of the Supreme Court of New York

Property Clerk of New York City Police Department v. Green

194 A.D.2d 301, 598 N.Y.S.2d 944, 1993 N.Y. App. Div. LEXIS 5427

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 1993·Published

Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about March 17, 1992, denying plaintiffs motion for summary judgment and, upon a search of the record, granting defendant summary judgment and ordering plaintiff to return defendant’s car, unanimously affirmed, without costs.

In this action seeking a judgment declaring that defendant forfeited his interest in a certain vehicle by using the vehicle in furtherance of the commission of a crime, the IAS Court properly determined that defendant did not use his car in furtherance of a crime. Accordingly, summary judgment was properly granted to defendant. Concur—Murphy, P. J., Rosenberger, Kupferman, Kassal and Nardelli, JJ.

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Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about March 17, 1992, denying plaintiffs motion for summary judgment and, upon a search of the record, granting defendant summary judgment and ordering plaintiff to return defendant’s car, unanimously affirmed, without costs.

In this action seeking a judgment declaring that defendant forfeited his interest in a certain vehicle by using the vehicle in furtherance of the commission of a crime, the IAS Court properly determined that defendant did not use his car in furtherance of a crime. Accordingly, summary judgment was properly granted to defendant. Concur—Murphy, P. J., Rosenberger, Kupferman, Kassal and Nardelli, JJ.

Property Clerk of New York City Police Department v. Green, 194 A.D.2d 301, 598 N.Y.S.2d 944, 1993 N.Y. App. Div. LEXIS 5427 (N.Y. Ct. App. 1993).

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194 A.D.2d 301 (Property Clerk of New York City Police Department v. Green) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.