MOLINA v. GRUPPOSO


42 A.D.2d 788 (1973)

Raimundo Molina, Appellant, v. Gene L. Grupposo, as Property Clerk of The Police Department of the City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 30, 1973


Judgment reversed, on the law and the facts, with costs, and case remitted to the trial court for the making and entry of a judgment in favor of plaintiff.

The money in issue, which had been secreted in a suitcase under a stove in the kitchen of plaintiff's apartment, was seized by a police officer during an arrest of other persons therein, including plaintiff's wife, who were involved in "racehorse policy" gambling activities. Plaintiff was not present during the...

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