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Property Clerk of New York City Police Department v. Green

194 A.D.2d 301 Court First Department, Decision date 1993-06-01 English

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Majority

p. 301
First Department,
June, 1993
(June 1, 1993)
Property Clerk of New York City Police Department, Appellant, v Roberto Green, Respondent.
[598 NYS2d 944] —

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.