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PROP. CLERK v. COVELL

139 Misc.2d 707 (1988)

Property Clerk, New York City Police Department, Plaintiff, v. Margaret Covell, Defendant.

Supreme Court, New York County.

April 6, 1988

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Robert Goldman, Gary W. Nester and Edward C. Haag of counsel), for plaintiff. White & Case (Allan L. Gropper and Aldo A. Badini of counsel), and Arnold S. Cohen for defendant.

KARLA MOSKOWITZ, J.

Plaintiff, Property Clerk of the New York City Police Department, brings this forfeiture action pursuant to section 14-140 of the Administrative Code of the City of New York. Defendant moves to dismiss the complaint on the grounds that the Property Clerk lacks the authority to bring this action in his own name (CPLR 3211 [a] [3]) and the complaint fails to state a cause of action (CPLR...

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