Legal Opinion
Rachles v. Lugo
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 1993PublishedCited by 3 opinions
1Opinion of the Court
Order of Supreme Court, New York County (Eugene Nardelli, J.), entered April 23, 1992, which, inter alia, denied plaintiff’s motion for summary judgment, unanimously reversed, on the law, insofar as appealed from, without costs, plaintiff’s motion is granted and the order is otherwise affirmed; the clerk is directed to enter a judgment in plaintiff’s favor accordingly.
Pursuant to McClendon v Rosetti (369 F Supp 1391), if a demand for the return of property seized by police is made within 90 days after the termination of the criminal proceeding, the Property Clerk must return the property, or…
2Cases cited5 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- McClendon v. RosettiDistrict Court, S.D. New York · 1974
- DeBellis v. Property ClerkNew York Court of Appeals · 1992
- Bukhatir Mackinnon Ltd. v. SarfrazAppellate Division of the Supreme Court of the State of New York · 1987
- Debellis v. Property ClerkAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by3 opinions
- Matter of Flosar Realty LLC v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2015
- Merritt v. Elmira Police Dept. Prop. ClerkAppellate Division of the Supreme Court of the State of New York · 2026
- Rachles v. LugoAppellate Division of the Supreme Court of the State of New York · 1994