The IAS court properly dismissed defendant's first affirmative defense and the counterclaims set forth in paragraphs 8 and 9 of defendant's answer. With respect to the second affirmative defense, however, although inartfully drafted, defendant is in fact claiming that the instant forfeiture proceeding pursuant to CPLR article 13-A was wrongfully commenced inasmuch as the defendant has no interest in the property which is the subject of the proceeding. Defendant has submitted...
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