Cuomo v. Uppal

Contrary to plaintiffs’ claim, Capital does not have to await the conclusion of this forfeiture action to request the release of funds; paragraph 7 of the parties’ stipulation reserved Capital’s right to make motions.

Also contrary to plaintiffs’ contention, Capital is not limited to the remedy of receiving proceeds from a forfeiture sale; unlike the situation in Property Clerk of N.Y. City Police Dept. v Molomo (81 NY2d 936 [1993]) and City of New York v Salomon (161 AD2d 470 [1990]), the property in which Capital has a perfected security interest is not the instrumentality of a crime.…