MATTER OF ABRAMS v. ONE 1987 CHEVROLET CORVETTE


161 A.D.2d 1129 (1990)

In the Matter of Robert Abrams, as Attorney-General of The State of New York, Appellant, v. One 1987 Chevrolet Corvette et al., Respondents

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

May 11, 1990


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in granting respondents' motion to strike petitioner's demand for a jury trial (see, CPLR 4102 [a]). In our view, petitioner is entitled to a jury trial in this civil proceeding commenced pursuant to Public Health Law § 3388, for a judgment declaring a forfeiture of a 1987 Chevrolet Corvette registered in the name of respondent Weston Motors...

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