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COUNTY OF NASSAU v. CANESTRO, JR.

41 A.D.3d 760 (2007)

838 N.Y.S.2d 784

COUNTY OF NASSAU, Plaintiff, v. ARTHUR N. CANESTRO, JR., et al., Appellants, and NILT, INC., Respondent.

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

Decided June 26, 2007.

Ordered that the order is affirmed, with one bill of costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the defendant NILT, Inc., has a possessory right to the subject vehicle as an innocent owner.

The defendant NILT, Inc., made a prima facie showing of its entitlement to judgment as a matter of law on its cross claim pursuant to CPLR article 71 for the recovery of a chattel pursuant to a breach of a lease...

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