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ROHLEHR v. NEW YORK CITY POLICE DEPT.

2015-09564. Index No. 5615/14.

151 A.D.3d 1093 (2017)

58 N.Y.S.3d 474

2017 NY Slip Op 05255

STANLEY ROHLEHR, Appellant, v. NEW YORK CITY POLICE DEPARTMENT, Respondent.

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

Decided June 28, 2017.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's cross motion pursuant to CPLR 3211 (a) (7) which was to dismiss the complaint for naming, as the sole defendant, the New York City Police Department is denied.

The plaintiff was arrested and charged with driving while intoxicated. At the time of the arrest his car was seized for potential forfeiture by the New York City Police Department, and the...

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