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CITY OF NEW YORK v. LAND AND BUILDING KNOWN AS 283 RALPH AVENUE

17 Misc.3d 1004 (2007)

848 N.Y.S.2d 835

CITY OF NEW YORK, Plaintiff, v. LAND AND BUILDING KNOWN AS 283 RALPH AVENUE et al., Defendants.

Supreme Court, Kings County.

October 29, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel (Andrew S. Schaffer and Marjorie McQueen of counsel), for plaintiff.

OPINION OF THE COURT

JACK M. BATTAGLIA, J.

Based upon two isolated sales of a single pack of "untaxed" cigarettes and the confiscation, pursuant to a search warrant, of an additional 12 packs, all of which took place more than four months ago, the City of New York applies to this court to authorize its Police Department to immediately, and without notice, use force to close for all purposes the "commercial establishment" at which the cigarettes were sold...

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