Appellate Division of the Supreme Court of New York, 1993

Property Clerk of New York City Police Department v. Green

Property Clerk of New York City Police Department v. Green
Appellate Division of the Supreme Court of New York · Decided June 1, 1993
194 A.D.2d 301; 598 N.Y.S.2d 944; 1993 N.Y. App. Div. LEXIS 5427
Property Clerk of New York City Police Department v. Green

Opinion of the Court

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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