MATTER OF BATTLE v. CITY OF NEW YORK


98 A.D.2d 689 (1983)

In the Matter of Rosa Battle, Appellant, v. City of New York et al., Respondents

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

December 27, 1983


Petitioner commenced the instant proceeding to recover possession of a 1979 Cadillac which she allegedly owns and which is being held by respondent police property clerk. In a decision dated July 2, 1982, Special Term directed that the matter be set down for trial for the purpose of determining petitioner's entitlement to the vehicle with regard to whether she "permitted or suffered" the car to be used in the commission of a crime and thereby forfeited her ownership pursuant...

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