MORENO v. CITY OF NEW YORK


69 N.Y.2d 432 (1987)

Mayra Moreno et al., Appellants, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided April 28, 1987.


Attorney(s) appearing for the Case

Ronald D. Degen and Paul R. Schaap for appellants.

Doron Gopstein, Acting Corporation Counsel (Kristin M. Helmers and Leonard Koerner of counsel), for respondent.

Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.


Chief Judge WACHTLER.

The question on this appeal is whether a replevin action to recover property seized by the City of New York in connection with a criminal prosecution may be maintained when the owner has not demanded return of the property within 90 days of the dismissal of the criminal charges.

On December 15, 1982 plaintiff, Mayra Moreno, was arrested in New York City and charged with promoting...

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