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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)

Citation
New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)
Parent Document
New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)
Jurisdiction
New York (state)
Effective Date
2005-05-05

Other Sections in This Document (23)

Full Text

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Indeed, a close reading of CPLR 1311 alludes to a forfeiture of a leasehold estate. CPLR 1311 (1) provides that a civil action may be commenced against a “non-criminal defendant to recover property [constituting] the proceeds of a crime, or the real property instrumentality of a crime.” An action brought under this statute must be commenced within five years of the offense. It can be inferred therefore that forfeiture, as the term is used in CPLR 215 (4), does not apply to proceedings brought under CPLR 1310 et seq., since the statute itself contains its own statute of limitations. The petitioner’s argument that forfeiture under the CPLR is limited only to cases involving recovery of property which has been obtained by the sale of proceeds of a crime is without merit. Clearly, CPLR 215 (4) contemplates a forfeiture or penalty other than as defined in CPLR article 13.