Legal Opinion

Property Clerk, New York City Police Department v. Covell

New York Supreme Court

Decided April 6, 1988PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Karla Moskowitz, J.

Plaintiff, Property Clerk of the New York City Police Department, brings this forfeiture action pursuant to section 14-140 of the Administrative Code of the City of New York. Defendant moves to dismiss the complaint on the grounds that the Property Clerk lacks the authority to bring this action in *708his own name (CPLR 3211 [a] [3]) and the complaint fails to state a cause of action (CPLR 3211 [a] [7]).

On September 10, 1986, a police officer allegedly observed Mathew Orr purchase drugs and enter a 1979 Chevrolet automobile parked nearby. Mary Covell,…

2Cases cited4 opinions

  1. McClendon v. RosettiDistrict Court, S.D. New York · 1974
  2. Moreno v. City of New YorkNew York Court of Appeals · 1987
  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, New York City Police Department v. ScriccaNew York Supreme Court · 1987

3Cited by7 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. 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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