Legal Opinion

Frank Santora Equipment Corp. v. City of New York

New York Supreme Court

Decided February 3, 1988PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

David B. Saxe, J.

Legal issues raised in connection with civil forfeiture proceedings have recently occupied the attention of this court (see, e.g., City of New York v Siegel, 134 Misc 2d 172).

In this action, the plaintiff, a secured party having a perfected security interest in two large dump trucks, seeks a preliminary injunction against the City of New York (City) directing the City to return the trucks seized in connection with a claim of forfeiture.

The basic facts are these: The City’s agents seized the two trucks, which had been sold to Major Taylor Trucking Co., *632Inc.…

2Cases cited3 opinions

  1. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
  2. Dillon v. ReeseNew York Supreme Court · 1977
  3. City of New York v. SiegelNew York Supreme Court · 1986

3Cited by9 opinions

  1. Ford Motor Credit Co. v. New York City Police DepartmentDistrict Court, S.D. New York · 2005
  2. City of New York v. SalamonAppellate Division of the Supreme Court of the State of New York · 1990
  3. Property Clerk of New York City Police Department v. MolomoNew York Court of Appeals · 1993
  4. New York Coalition of Recycling Enterprises, Inc. v. City of New YorkNew York Supreme Court · 1992
  5. City of New York v. East New York Wrecking CorpAppellate Division of the Supreme Court of the State of New York · 1990

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