CUOMO v. UPPAL

1829, 400071/08

68 A.D.3d 569 (2009)

2009 NY Slip Op 9386

892 N.Y.S.2d 49

ANDREW M. CUOMO, as Attorney General of the State of New York, et al., Respondents, v. DARSHAN UPPAL, Also Known as LAL, et al., Defendants. CAPITAL BUSINESS CREDIT LLC, Nonparty Appellant.

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

Decided December 17, 2009.


Contrary to plaintiffs' claim, Capital does not have to await the conclusion of this forfeiture action to request the release of funds; paragraph 7 of the parties' stipulation reserved Capital's right to make motions.

Also contrary to plaintiffs' contention, Capital is not limited to the remedy of receiving proceeds from a forfeiture sale; unlike the situation in Property Clerk of N.Y. City Police Dept. v Molomo (81 N.Y.2d 936

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