U.S. v. CERTAIN REAL PROPERTY AND PREMISES

No. 88 C 3550.

747 F.Supp. 173 (1990)

UNITED STATES of America, Plaintiff, v. CERTAIN REAL PROPERTY AND PREMISES KNOWN AS 38 WHALERS COVE DRIVE, BABYLON, NEW YORK, Defendant.

United States District Court, E.D. New York.

September 18, 1990.


Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty. (Stephen J. Riegel and Paul F. Millus, of counsel), Brooklyn, N.Y., for plaintiff.

Richard B. Lind, New York City, for claimant Edward J. Levin.


MEMORANDUM AND ORDER

NICKERSON, District Judge:

This action arises from an order under 21 U.S.C. § 881(a)(7) of the Comprehensive Drug Abuse and Control Act of 1970 authorizing seizure of a condominium alleged to have been used to "facilitate" two cocaine sales. Claimant Edward Levin moves to dismiss the complaint. The United States cross-moves for summary judgment.

Levin argues that his property was not used to "facilitate" a drug transaction...

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