MORGENTHAU v. MACKEY


168 A.D.2d 398 (1990)

Robert M. Morgenthau, as District Attorney of New York County, Respondent, v. Andrew Mackey, Appellant

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

December 27, 1990


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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