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DiFIORE v. RAMOS

62 A.D.3d 643 (2009)

878 N.Y.S.2d 762

JANET DiFIORE, Respondent, v. CHAUNCEY RAMOS, Appellant.

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

Decided May 5, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff demonstrated her prima facie entitlement to judgment as a matter of law in this action for civil forfeiture of the defendant's vehicle by establishing that the vehicle "contribute[d] directly and materially to the commission" of the underlying crimes of which he was convicted, and thus constituted an "instrumentality" of those crimes (CPLR 1310 [4]; see CPLR 1311 [1]; Dillon v Farrell,

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