Order insofar as it grants summary judgment to plaintiff unanimously reversed, without costs, and otherwise order affirmed.
Memorandum:
The court properly denied defendant's motion under CPLR 3211 (subd [a], par 7) to dismiss plaintiff's complaint to recover money in defendant's possession taken from plaintiff at the time of her arrest on drug charges which were ultimately dismissed. It was error, however, for the court to treat the motion as one for summary...
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