Legal Opinion

Property Clerk v. Pagano

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

Decided August 1, 1991PublishedCited by 12 opinions

1Opinion of the Court

*32OPINION OF THE COURT

Ellerin, J.

At issue on this appeal are the elements of proof which must be established by petitioner Property Clerk in a proceeding brought pursuant to Administrative Code of the City of New York § 14-140 to determine petitioner’s right to retain property which has been used as a means of committing a crime, when the crime was committed by a party other than the owner of the property.

This action had its genesis in events which occurred on the night of September 30, 1989, when respondent’s automobile, a 1989 BMW, was observed by Police Officers Erich Rechenberger and James…

2Cases cited9 opinions

  1. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
  2. People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
  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 of New York City Police Department v. HurlstonAppellate Division of the Supreme Court of the State of New York · 1984
  5. Property Clerk of New York City Police Department v. LanzettaAppellate Division of the Supreme Court of the State of New York · 1990

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Krimstock v. KellyCourt of Appeals for the Second Circuit · 2002
  2. Krimstock v. KellyCourt of Appeals for the Second Circuit · 2002
  3. Ford Motor Credit Co. v. NYC Police DepartmentCourt of Appeals for the Second Circuit · 2007
  4. Krimstock v. KellyDistrict Court, S.D. New York · 2007
  5. Property Clerk, New York City Police Department v. SmallNew York Supreme Court · 1992

7 more not listed; retrieve them via the Exa API.

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