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MATTER OF ABRAMS v. ONE 1987 CHEVROLET

Appellate Division of the Supreme Court of New York, Fourth Department.
May 11, 1990

Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in granting respondents' motion to strike petitioner's demand for a jury trial (see, CPLR 4102 [a]). In our view, petitioner is entitled to a jury trial in this civil proceeding commenced pursuant to Public Health Law ยง 3388, for a judgment declaring a forfeiture of a 1987 Chevrolet Corvette registered in the name of respondent Weston Motors (see, Matter of Vergari v. Marcus, 26 N.Y.2d 764, 765; Matter of Joch v. Pikulik, 88 A.D.2d 1023).