Legal Opinion
Property Clerk v. Bauman
New York Supreme Court
Decided March 14, 1990Published
1Opinion of the Court
OPINION OF THE COURT
Eugene L. Nardelli, J.
Plaintiff Property Clerk of the New York City Police Department has brought an action for forfeiture of a 1987 Le Baron automobile owned by defendant Gerard Bauman. Plaintiff now moves for summary judgment, submitting affidavits of two police officers clearly showing that the automobile was used by Bauman in furtherance of a crime. Bauman has not attempted any showing that the automobile was not so used. Thus no issue of fact is raised as to the proscribed use.
Bauman alleges that the sole inducement for his entering a guilty plea to a charge of…
2Cases cited7 opinions
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- McClendon v. RosettiDistrict Court, S.D. New York · 1974
- Frank Santora Equipment Corp. v. City of New YorkNew York Supreme Court · 1988
- Property Clerk of New York City Police Department v. LanzettaAppellate Division of the Supreme Court of the State of New York · 1990
- Property Clerk of New York City Police Department v. NegronAppellate Division of the Supreme Court of the State of New York · 1990
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