Borzuko v. City of New York Police Department Property Clerk

*759OPINION OF THE COURT

Edward H. Lehner, J.

This is an action to replevy a 1981 Porsche automobile and recover $65,000 in cash seized from plaintiff in connection with his arrest on charges of criminal possession of a controlled substance and reckless endangerment.

THE MOTION

Defendant, the Property Clerk of the New York City Police Department, moves for summary judgment dismissing the complaint and for judgment on three related counterclaims seeking forfeiture of the above property. As to the vehicle, it is claimed that it was used by plaintiff "to facilitate the purchase and/or sale of a…