Rogoff v. County of Nassau

119 A.D.2d 563, 500 N.Y.S.2d 731, 1986 N.Y. App. Div. LEXIS 55490

This text of 119 A.D.2d 563 (Rogoff v. County of Nassau) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rogoff v. County of Nassau, 119 A.D.2d 563, 500 N.Y.S.2d 731, 1986 N.Y. App. Div. LEXIS 55490 (N.Y. Ct. App. 1986).

Opinion

— In an action to recover money retained by the defendants, the defendants appeal from an order of the Supreme Court, Nassau County (Christ, J.), dated March 1, 1985, which granted the plaintiffs’ motion for summary judgment. The plaintiffs cross-appeal from so much of the same order as did not award them interest.

Cross appeal dismissed, for failure to properly perfect the same in accordance with the rules of this court (see, 22 NYCRR 670.8; Cooper v Bosse, 85 AD2d 616).

Order affirmed, with costs.

The plaintiffs are awarded one bill of costs.

The defendants failed to raise a triable issue of fact that the subject moneys were contraband, or were the fruits of the illegal activity in which the plaintiffs were engaged (see, Clay v McCabe, 56 AD2d 747). Lazer, J. P., Thompson, Niehoff and Kunzeman, JJ., concur.

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Related

Cleveland Clay v. McCabe
56 A.D.2d 747 (Appellate Division of the Supreme Court of New York, 1977)
Cooper v. Bosse
85 A.D.2d 616 (Appellate Division of the Supreme Court of New York, 1981)

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Bluebook (online)
119 A.D.2d 563, 500 N.Y.S.2d 731, 1986 N.Y. App. Div. LEXIS 55490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogoff-v-county-of-nassau-nyappdiv-1986.