Property Clerk, New York City Police Department v. Smith

Order and judgment (one paper), Supreme Court, New York County (Martin Shulman, J.), entered March 6, 2008, which, in a civil forfeiture action, granted plaintiffs motion for summary judgment, denied defendant’s cross motion for summary judgment, and declared that defendant’s vehicle be forfeited, unanimously reversed, on the law and the facts, without costs, the order and judgment vacated, the motion denied, the cross motion granted, and it is declared that plaintiff does not have any right of ownership or possession in the subject vehicle.

Defendant’s communications with plaintiffs personnel…