AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Advocates
Judges

PROPERTY CLERK, NEW YORK CITY POLICE DEPARTMENT, Plaintiff-Respondent, v. PATRICK NOEL FOLEY, Defendant-Respondent, MARTIN GALVIN and FORD MOTOR CREDIT COMPANY, Proposed-Inter

Appellants' security interests in the subject vehicles will not be adversely affected by any judgments to be entered in these actions, and, given the likely delay that would attend consideration of appellants' rights against defendants vehicle owners, we perceive no useful advantages to be gained by appellants' intervention (see, CPLR 1012 [a][3]; 1013). Appellants have no present possessory right in the vehicles (Property Clerk of N.Y. City Police Dept. v. Molomo, 81 N.Y.2d 9 36). Their remedy, in the event of forfeiture, is to receive the proceeds from the City's forfeiture sale and to seek any deficiency from defendants vehicle owners (id.), and, in the event of nonforfeiture, to sue defendants for return of the vehicles or for such other relief as might be provided in their contracts with defendants. The notices of the actions that appellants were given enable them to monitor the progress of the actions, such that, upon resolution of the actions, appellants can take whatever steps they deem necessary to protect or enforce their security interest.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

PROPERTY CLERK, N Y CITY POLICE v. FOLEY
(Apr 5, 2001)