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MORGENTHAU v. ELIOPOULOS

269 A.D.2d 204 (2000)

702 N.Y.S.2d 813

ROBERT M. MORGENTHAU, Appellant, v. CONSTANTINE ELIOPOULOS, Respondent.

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

Decided February 10, 2000.

The court properly exercised its discretion in ordering a factfinding hearing since the parties' averments reveal that the facts pertinent to assessing the likelihood of plaintiff's success on the merits in this forfeiture proceeding are disputed (see, Morgenthau v Young, 204 A.D.2d 118; Dillon v Schiavo, 114 A.D.2d 924, lv dismissed 67 N.Y.2d 605).

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