Morgenthau v. Citisource, Inc.

*84OPINION OF THE COURT

Martin B. Stecher, J.

This is a motion for final judgment in a forfeiture action (CPLR art 13-A). As it is a civil action (CPLR 1311 [1]) a motion for judgment must be judged by the standards of any motion for summary judgment in a civil action (see, e.g., CPLR 3212, 3213, 3211 [c]); that is, that "there is no substantial fact issue in the case and therefor no necessity for a trial” (Siegel, NY Prac § 278, at 333).

The sorry facts of this case are too well known (see, 68 NY2d 211, revg 121 AD2d 353, on remittitur 128 AD2d 459) to require detailed repetition: suffice to say…