Property Clerk NYCPD v. Foley

• Decision Date: 05 April 2001
• Docket Number: N-3412NA-3412NB-3412NC
• Citation: 282 A.D.2d 221,724 N.Y.S.2d 580
• Court: New York Supreme Court — Appellate Division
• Parties: (A.D. 1 Dept. 2001) Property Clerk, New York City Police Department, Plaintiff-Respondent, v. Patrick Noel Foley, Defendant-Respondent, and Ford Motor Credit Company, Proposed-Intervenor-Appellant. Property Clerk, New York City Police Department, Plaintiff -Respondent, v. Argentina Rosario Poquero, etc., et al., Defendants-Respondents, and Mitsubishi Motors Credit of America, Inc., Proposed-Intervenor-Appellant. Property Clerk, New York City Police Department, Plaintiff-Respondent, v. Jose Nunez, Defendant-Respondent, and Mitsubishi Motors Credit of America, Inc., Proposed-Intervenor-Appellant. Property Clerk, New York City Police Department, Plaintiff-Respondent, v. Kim Chul Hyung, Defendant-Respondent, and Chrysler Financial Company, L.L.C., Proposed-Intervenor-Appellant. 3412 : FIRST JUDICIAL DEPARTMENT

Page 580

724 N.Y.S.2d 580 (A.D. 1 Dept. 2001)

Property Clerk, New York City Police Department, Plaintiff-Respondent, v. Patrick Noel Foley, Defendant-Respondent and Ford Motor Credit Company, Proposed-Intervenor-Appellant.

Property Clerk, New York City Police Department, Plaintiff -Respondent, v. Argentina Rosario Poquero, etc., et al., Defendants-Respondents and Mitsubishi Motors Credit of America, Inc., Proposed-Intervenor-Appellant.

Property Clerk, New York City Police Department, Plaintiff-Respondent, v. Jose Nunez, Defendant-Respondent and Mitsubishi Motors Credit of America, Inc., Proposed-Intervenor-Appellant.

Property Clerk, New York City Police Department, Plaintiff-Respondent, v. Kim Chul Hyung, Defendant-Respondent and Chrysler Financial Company, L.L.C., Proposed-Intervenor-Appellant.

3412N-3412NA-3412NB-3412NC

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT

April 5, 2001

George Gutwirth - for plaintiff-respondent,

Martin Galvin - for defendant-respondent Patrick Noel Foley,

David L. Tillem - for proposed-intervenor-appellant.

Kevin McCaffrey - for defendant-respondent Kim Chul Hyung,

Orders, Supreme Court, New York County (Phyllis Gangel-Jacob, Franklin Weissberg, Franklin Weissberg, Louise Gruner Gans, JJ.), entered March 17, April 18, June 30 and July 27, 2000, which, in four forfeiture proceedings by plaintiff Property Clerk against defendants vehicle owners, denied motions by appellants/vehicle finance companies for leave to intervene and for preliminary injunctions prohibiting plaintiff from releasing the vehicles to defendants, unanimously affirmed, without costs.

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 936). 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...