Legal Opinion · Dissent

Property Clerk of New York City Police Department v. Molomo

Appellate Division of the Supreme Court of the State of New York

Decided April 23, 1992Published

1DissentWallace, J.

Ford Motor Credit Company (Ford) leased a motor vehicle to Molomo under a standard installment payment contract. Molomo was arrested in August 1989 while using the motor vehicle to make a drug purchase, and *215the vehicle was seized as an instrumentality of crime, under section 14-140 of the Administrative Code of the City of New York. That provision calls for sale of such seized property at public auction, following appropriate notice.*

At the time of seizure, the vehicle, a 1988 Mercury Topaz, was worth $6,850. Ford commenced a replevin action to satisfy its perfected security interest in the…

2Cases cited10 opinions

  1. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
  2. McClendon v. RosettiDistrict Court, S.D. New York · 1974
  3. Property Clerk, New York City Police Department v. SerodaAppellate Division of the Supreme Court of the State of New York · 1987
  4. Property Clerk v. PaganoAppellate Division of the Supreme Court of the State of New York · 1991
  5. Property Clerk, New York City Police Department v. HyneNew York Supreme Court · 1990

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