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MICHALOWSKI v. EY

4 N.Y.2d 277 (1958)

Walter Michalowski, Appellant, v. Frederick J. Ey, Office of Property Custodian, Nassau County Police Department, Respondent.

Court of Appeals of the State of New York.

Decided May 1, 1958.

Attorney(s) appearing for the Case

Clinton P. Sheehy for appellant.

G. Burchard Smith, County Attorney (Harold E. Collins of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE concur.

FULD, J.

This appeal, from a judgment dismissing the complaint in a replevin action, marks a 10-year attempt by the plaintiff to recover possession of an automobile taken from him by the Nassau County police. In determining the questions presented, we, of course, put to one side the plaintiff's criminal record, for, unsavory though his reputation be, he has the same rights...

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