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REYES v. ROSETTI

47 Misc.2d 517 (1965)

Leonida Reyes, Plaintiff, v. Thomas Rosetti, as Police Property Clerk for the Police Department of the City of New York, Defendant.

Civil Court of the City of New York, Bronx County.

September 7, 1965

Attorney(s) appearing for the Case

Martin Gallin for plaintiff. Leo A. Larkin, Corporation Counsel, for defendant.

SIDNEY H. ASCH, J.

This is an action instituted by the plaintiff to replevin $502 in United States currency, which is being held by the Police Property Clerk of the City of New York. It squarely presents the significant problem of whether to apply the doctrine of Mapp v. Ohio (367 U.S. 643 [1961]) in a Civil Court action.

The plaintiff, Leonida Reyes, was arrested on February 1, 1964, in her apartment, for...

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